Section 107 CPC: Powers of Appellate Court

Section 107 of Code of Civil Procedure: Powers of Appellate Court

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power—

(a) to determine a case finally;

(b) to remand a case;

(c) to frame issues and refer them for trial;

(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.

Legal Commentary & Landmark Judgments: Section 107

Section 107 of the Code of Civil Procedure, 1908 defines the comprehensive powers of Appellate Courts, conferring upon them all the powers and duties of the original trial court.

Procedural Rule & Jurisdiction: Sub-section (2) enacts a vital parity rule: '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.
Evidentiary Presumption & Proof: Imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.' This equates the appellate court's adjudicatory authority with that of the trial court, enabling it to evaluate evidence, amend pleadings, and pass any decree that ought to have been passed.
Jurisdiction & Compliance: Under Section 107, an appellate court does not merely review trial court findings; it possesses full co-extensive jurisdiction to rehear the entire controversy.

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:

Union of India v. Ibrahim Uddin, (2012) 8 SCC 148: The Supreme Court examined Section 107(1)(d) read with Order XLI Rule 27 CPC, holding that the appellate court can take additional evidence only if the trial court improperly refused it or the appellate court requires it to enable it to pronounce judgment.
Municipal Corpn. of Greater Mumbai v. Lala Pancham, AIR 1965 SC 1008: The Court held that the appellate court under Section 107 possesses plenary power to frame additional issues and remand, but should exercise restraint where the existing record permits final determination.

Legal Commentary:

Under Section 107, an appellate court does not merely review trial court findings; it possesses full co-extensive jurisdiction to rehear the entire controversy. Where the evidence on record is sufficient, Section 107(1)(a) commands the appellate court to determine the dispute finally rather than remanding the suit for fresh trial.

Section 107: Powers of Appellate Court

Section 107 of Code of Civil Procedure: Powers of Appellate Court

Legal Commentary & Landmark Judgments: Section 107