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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

In a property title appeal, the first Appellate Court finds that the trial court did not record certain crucial evidence. Which course is within the powers given to an Appellate Court under the Code of Civil Procedure, 1908 (Section 107), subject to prescribed conditions and limitations?

An Appellate Court may take additional evidence or require it to be taken, subject to prescribed conditions and limitations. Section 107 also lets it determine the case finally, remand it, or frame issues and refer them for trial.

  1. AIt may take additional evidence or require such evidence to be takenCorrect
  2. BIt may only dismiss the appeal, as it cannot touch evidence
  3. CIt may only confirm the decree and cannot remand the case
  4. DIt may take evidence only if a fresh suit is filed

Explanation

Section 107(1) empowers an Appellate Court to determine a case finally, remand a case, frame issues and refer them for trial, and take additional evidence or require it to be taken. Hence the limited view that it can only dismiss or confirm is wrong.

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