CPC Section 103 — Power of High Court to determine issue of fact

Civil

Summary

In a second appeal, the High Court can decide a factual issue that is needed to resolve the appeal, but only if the evidence already on record is enough to do so. This applies when that factual issue was not decided by the lower appellate court, or by both the first court and the lower appellate court. It also applies when that issue was decided incorrectly by those courts because of a mistake on a question of law mentioned in section 100.

Official Text

103. Power of High Court to determine issue of fact.--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.