CPC Section 107 — Powers of Appellate Court

Civil

Summary

An appellate court can decide a case completely, send it back to the lower court for a fresh decision, create new legal questions for a trial, or allow new evidence to be presented. It has the same powers and responsibilities as the original trial court, but only within the limits set by the law.

Official Text

(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.