Central · Act 5 of 1908

Section 103 — Power of High Court to determine issue of fact.

The Code of Civil Procedure, 1908

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1[103. Power of High Court to determine issue of fact.--In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,--

(a) which has not been determined by the lower Appellate Court or both by the Court of first instance and the lower Appellate Court, or

(b) which has been wrongly determined by such Court or Courts by reason of a decision on such question of law as is referred to in section 100.]

Source footnotes

1. Subs. by Act 104 of 1976, s. 40, for section 103 (w.e.f. 1-2-1977).

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Next · Section 104Orders from which appeal lies. →All sections / सभी धाराएँThe Code of Civil Procedure, 1908 →
More sections of this actSection 1 · Short title, commencement and extent.Section 2 · Definitions.Section 3 · Subordination of Courts.Section 4 · Savings.Section 5 · Application of the Code to Revenue Courts.Section 6 · Pecuniary jurisdiction.Section 7 · Provincial Small Cause Courts.Section 8 · Presidency Small Cause Courts.
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India Code, Government of India. Text fetched 09 Oct 2026. Source metadata reports last modification: 2019-11-29. Check the linked official text and subsequent notifications when applying a provision.

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