Section 107 CPC defines the powers of an appellate court while deciding an appeal. It enables the appellate court to examine the case, determine issues, take additional evidence where permitted and pass appropriate orders.
Meaning of Section 107 CPC
An appellate court has powers necessary to effectively dispose of an appeal. It may decide the case finally, remand the matter, frame issues and, where legally permitted, take additional evidence.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 107 CPC |
| Subject | Powers of appellate court |
| Nature | Appellate procedure |
| Main purpose | Enables effective disposal of appeals |
| Related provision | Order XLI |
Main Powers
Under Section 107(1), the appellate court may:
- Determine a case finally.
- Remand a case for fresh consideration.
- Frame issues and refer them for trial.
- Take additional evidence or direct the subordinate court to take such evidence.
Power to Determine the Case Finally
Where the available record is sufficient, the appellate court may finally decide the dispute instead of sending the matter back to the trial court.
Power of Remand
Where the case requires further proceedings or the trial court has not properly adjudicated the matter, the appellate court may remand the case.
The detailed rules concerning remand are contained in Order XLI Rules 23 and 23-A.
Power to Frame Issues
Where an issue necessary for deciding the case has not been framed or determined by the lower court, the appellate court may frame the issue and direct the subordinate court to determine it.
Additional Evidence
The appellate court may permit additional evidence where the requirements of Order XLI Rule 27 are satisfied.
Additional evidence is not admitted merely because a party failed to produce it before the trial court.
Section 107(2)
Section 107(2) provides that the appellate court has, subject to the conditions and limitations prescribed, the same powers and duties as are conferred and imposed on courts of original jurisdiction in respect of suits instituted therein.
This enables the appellate court to exercise the procedural powers necessary for proper disposal of the appeal.
Important Case Law
Union of India v. Ibrahim Uddin, (2012) 8 SCC 148
The Supreme Court explained that additional evidence in an appeal is not a matter of right. The requirements of Order XLI Rule 27 must be satisfied before additional evidence can be admitted.
Santosh Hazari v. Purushottam Tiwari, (2001) 3 SCC 179
The Supreme Court emphasised the important role of the first appellate court and its duty to properly consider the evidence and issues arising in the appeal.
Practical Example
A trial court fails to frame an essential issue necessary to determine the parties’ rights.
During the appeal, the appellate court may frame the necessary issue and direct the trial court to record findings on that issue.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 107 sets out the principal powers of appellate courts.
- The appellate court may finally decide a case.
- It may remand a case.
- It may frame issues and refer them for trial.
- It may permit additional evidence subject to Order XLI Rule 27.
- Section 107(2) gives the appellate court certain powers and duties similar to those of an original court.
ALSO READ: Section 106 – Courts to Hear Appeals
Key Takeaways
| Power | Purpose |
|---|---|
| Final decision | Dispose of the case |
| Remand | Send case back for proper adjudication |
| Frame issues | Address unresolved issues |
| Additional evidence | Complete the evidentiary record where legally permitted |
