Skip to content

CS Professional · Drafting, Pleadings and Appearances · Pleadings

While hearing a first appeal in a property dispute between Bhatia and Iyer, the appellate court finds that a material question was never framed as an issue at trial and that it needs evidence on it. Which course is available to the appellate court under the Code of Civil Procedure, 1908?

The appellate court may frame the missing issues and refer them for trial, and may take additional evidence or require it to be taken. Section 107(1) also lets it determine the case finally or remand it, subject to prescribed conditions.

  1. AIt may frame issues and refer them for trial, or take or require additional evidenceCorrect
  2. BIt must dismiss the appeal because issues cannot be framed on appeal
  3. CIt may only remand and has no power to take evidence itself
  4. DIt may direct the parties to file a fresh suit

Explanation

Section 107(1) gives the appellate court powers to determine a case finally, remand it, frame issues and refer them for trial, and take additional evidence or require it to be taken, subject to prescribed conditions. Dismissal or forcing a fresh suit is not provided. Option C wrongly denies the evidence power.

Did you get it right without looking?

One question tells you little. A timed set on Pleadings shows your real accuracy, how long you take and where you lose marks.

Practise PleadingsFree diagnostic mock

More Pleadings questions