Thursday 7 January 2021

Section 107: Powers of Appellate Court

 Code of Civil Procedure Section 106. What Courts to hear appeals.

 

GENERAL PROVISIONS RELATING TO APPEALS

107. Powers of Appellate Court.—(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power—

(a) to determine a case finally;

(b) to remand a case;

(c) to frame issues and refer them for trial;

(d) to take additional evidence or to require such evidence to be taken.

(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.

Part in Red is original provisions from CPC reproduced here for reference. 

Code of Civil Procedure Section 108. Procedure in appeals from appellate decrees and orders.



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