(1.) Rule. Rule made returnable forthwith and, with the consent of the parties, heard finally.
(2.) Whether the principle of merger applies to the dismissal of the appeal for want of prosecution so as to reckon the period of limitation for the execution of the decree impugned therein, from the date of such order by the appellate Court, is the question that arises for consideration in this Petition under Article 227 of the Constitution of India.
(3.) Shorn of superfluities, the background facts in which the aforesaid question crops up for consideration, can be summerized as under :