APPEALS FROM APPELLATE DECREESCentral

Section 103 of The Code of Civil Procedure, 1908

Power of High Court to determine issue of fact.

1[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.]

Summary

This section gives the High Court the power to decide "issues of fact" (questions about what actually happened) during a second appeal.
Normally, second appeals are only for "substantial questions of law," but this section provides an exception.
It allows the High Court to determine a fact if there is enough evidence on the record to do so.
It applies if the lower courts failed to decide that fact at all.
It also applies if the lower courts decided the fact wrongly because they made a mistake on a legal question.

Practical examples

1In a second appeal about a land contract, the High Court realizes that neither the trial court nor the first appeal court decided whether a specific letter was ever actually sent. If the letter is in the evidence files, the High Court can decide this fact itself to finish the case.

2A lower court decided that a person was not a legal heir, but they used the wrong legal definition of "heir" to reach that conclusion. Under Section 103, the High Court can look at the evidence and correctly determine if the person is an heir according to the proper law.

FAQ

1. Can a High Court decide facts in a second appeal under CPC 103?

Yes, Section 103 of the Code of Civil Procedure, 1908, allows the High Court to determine issues of fact if the evidence is sufficient and the lower courts missed them or erred in law.

2. When is evidence "sufficient" for Section 103 of the 1908 Code?

Evidence is sufficient when it is already "on the record," meaning it was presented in the lower courts and allows the High Court to reach a conclusion without a new trial.

3. Does Section 103 allow the High Court to ignore Section 100?

No, Section 103 of the 1908 Code works alongside Section 100; it applies "in any second appeal" (which must first meet the legal requirements of Section 100).

Test yourself

1.Under Section 103 of The Code of Civil Procedure, 1908, the High Court can determine an issue of fact only if:

2.Section 103 of the 1908 Code applies if a lower court determined a fact wrongly due to:

3.In a second appeal under the 1908 Act, if an issue of fact was "not determined" by the lower Appellate Court, what can the High Court do?

4.Combining Sections 100 and 103 of the 1908 Code, a second appeal is primarily for _ but the High Court can also decide _.

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