[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.]
Amendment notes
- Subs. by Act 104 of 1976, s. 40, for section 103 (w.e.f. 1-2-1977).
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In a second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary to dispose of the appeal. This applies to an issue not determined by the lower Appellate Court, or by both the first Court and the lower Appellate Court, or one wrongly determined because of a decision on a question of law as referred to in section 100.
