Vipin Kumar Vs Jaydeep 2025 INSC 169 - SLP Dismissal & Doctrine of Merger - S 100 CPC - Second Appeal

Doctrine of Merger - An order refusing special leave to appeal may be a non-speaking or speaking order. In either case it does not attract the doctrine of merger. An order refusing special leave to appeal does not stand substituted in place of the order under challenge. All that it means is that the Court was no inclined to exercise its discretion so as to allow an appeal being filed- Kunhayammed v. State of Kerala, AIR 2000 SC 2587. (Para 29)

Code of Civil Procedure 1908 - Section 100 - Second appeal could be considered and entertained by High Court only on the basis of framing a substantial question of law in terms of the Section 100 of the Code. (Para 27)