PART VII APPEALS · APPEALS FROM APPELLATE DECREES

Section 103: Power of High Court to determine issue of fact

The Code of Civil Procedure, 1908

¹[In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,—

(a) which has not been determined by the lower Appellate Court or both by the Court of first instance and the lower Appellate Court, or

(b) which has been wrongly determined by such Court or Courts by reason of a decision on such question of law as is referred to in section 100.]

Footnotes in the official text

1.Subs. by Act 104 of 1976, s. 40, for section 103 (w.e.f. 1-2-1977).

Questions on this section

1 question in 7 of our papers cite Section 103. Try these from the free papers:

1. Under Section 103 CPC, where an issue necessary for the disposal of a second appeal has not been determined by the lower Appellate Court, the High Court may itself determine that issue:

Practise questions on Civil Procedure Code