N.K.Kapoor, J.

1. Whether dismissal of an appeal or revision in limine has the effect of merging the lower Courts order in that of the Higher Court is the question referred by my brother A.P. Chowdhri, J. (since retired) before a larger Bench in view of the conflicting views expressed in two division Bench judgments of this Court. Before adverting to the core question as well as to ancillary questions which have been highlighted by the respective counsel, it would be appropriate to refer in brief the facts leading to the filing of Revision Petition No. 3247 of 1990, and its reference before the Full Bench.

2. Briefly put, Smt. Dayawanti instituted a suit for possession and permanent injunction against the respondents alleging that she was owner in possession of the building in dispute on the basis of gift deed dated 31.3.1976. It was further stated by the petitioner-the plaintiff that during her absence in June, 1980, defendants- the respondents took illegal possession of the five quarters constructed in the house. So, she prayed for possession of the property in dispute as well as prayed for permanent injunction restraining the respondents from interfering in her possessio