GENERAL PROVISIONS RELATING TO APPEALSCentral

Section 107 of The Code of Civil Procedure, 1908

Powers of Appellate Court.

(1)Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power—
1. (a)to determine a case finally;
2. (b)to remand a case;
3. (c)to frame issues and refer them for trial;
4. (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.

Summary

This section lists the specific powers given to a court when it is hearing an appeal.
An appellate court can decide a case finally or send it back to the lower court for further action, which is called remanding.
It has the power to create new legal issues and send them to a trial court to be settled.
It can accept new evidence itself or order another court to collect that evidence.
Generally, an appellate court has the same powers and duties as a trial court would have for a new suit.
These powers are subject to any specific conditions or limits mentioned in the rules.

Practical examples

1An appellate judge reviews Mohan's case and realizes the trial court missed a key piece of land-ownership law. Under Section 107 of the civil rules, the judge decides to "remand" the case, sending it back to the trial court to be heard again with the correct law in mind.

2During an appeal, a new witness is discovered who was unavailable before. Using the powers in Section 107 of the procedure code, the appellate court decides to take this "additional evidence" to ensure the final decision is fair.

FAQ

1. What are the four main powers of an appellate court under Section 107 of The Code of Civil Procedure, 1908?

Under Section 107 of The Code of Civil Procedure, 1908, the court can determine a case finally, remand a case, frame issues for trial, and take additional evidence.

2. Can an appellate court act like a trial court according to Section 107 of The Code of Civil Procedure, 1908?

Yes, Section 107 of The Code of Civil Procedure, 1908, states that an appellate court has the same powers and performs nearly the same duties as a court of original jurisdiction.

3. Does Section 107 of The Code of Civil Procedure, 1908, allow a court to send a case back to the original judge?

Yes, one of the specific powers granted by Section 107 of The Code of Civil Procedure, 1908, is the power to "remand a case," which means sending it back to the lower court.

Test yourself

1.Which of these is NOT a power specifically listed in Section 107 of The Code of Civil Procedure, 1908?

2.According to Section 107 of The Code of Civil Procedure, 1908, an appellate court's duties are:

3.Under Section 107 of The Code of Civil Procedure, 1908, what can a court do if it finds it cannot decide a case without more facts?

4.In The Code of Civil Procedure, 1908, the power to "determine a case finally" at the appellate level is found in:

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