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

Which statement about the powers and duties of an Appellate Court under Section 107(2) of the Code of Civil Procedure, 1908 is correct?

Under Section 107(2), an Appellate Court has the same powers and, as nearly as may be, performs the same duties that the Code gives courts of original jurisdiction in suits instituted in them, subject to the conditions and limitations prescribed.

  1. ASubject to the stated conditions, it has the same powers and performs as nearly as may be the same duties as courts of original jurisdiction in respect of suits instituted thereinCorrect
  2. BIt has only the powers listed in Section 107(1) and none other
  3. CIt has the powers of original courts only for suits above a prescribed value
  4. DIt performs the duties of original courts only when the case is remanded

Explanation

Section 107(2) says that, subject as aforesaid, the Appellate Court has the same powers and performs as nearly as may be the same duties conferred by the Code on Courts of original jurisdiction in respect of suits instituted therein. It is not confined to sub-section (1), nor tied to value or remand.

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