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2016 Supreme(UK) 419

SERVESH KUMAR GUPTA
Uttarakhand Power Corporation Ltd. – Appellant
Versus
Jai Prakash Industries Ltd. – Respondent


Advocates Appeared:
For the Appellants : Mr. A.S. Rawat, Mr. Piyush Garg and Mr. B.S. Bisht.
For the Respondents: Mr. R.P. Nautiyal, Mr. Sarvesh Agarwal and Mr. B.S. Koranga.

JUDGMENT :

Servesh Kumar Gupta, J.

1. The afore-numbered MCCs have been moved seeking review of the judgment and order dated passed by this Court on 29.9.2015 in both the above-titled appeals. The delay condonation applications, in the respective files, have also been moved seeking condonation of 203 days delay in preferring these review applications.

2. Learned counsel for the review applicant at the very outset has placed reliance on the following judgments of the Hon’ble Apex Court:-

1. Kunhayammed & others v. State of Kerala & others, (2000) 6 SCC 359 (Constitutional Bench);

2. Gangadhara Palo v. Revenue Divisional Office & another, (2011) 4 SCC 602.

3. I have perused both the judgments of the Hon’ble Apex Court which, in sum and substance, deal with the doctrine of merger of the judgments of the Courts passed in hierarchy. It has been said that the doctrine of merger is neither a constitutional law nor a doctrine statutorily recognized. It is a common law doctrine founded on principles of propriety in the hierarchy of justice delivery system. On more occasions than one, this Court had an opportunity of dealing with the doctrine of merger. It has been held that if the special leave p













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