Section 107 of CPC : Section 107: Powers of Appellate Court.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh filed a civil suit against Suresh for breach of contract in the District Court. The District Court ruled in favor of Suresh. Ramesh, dissatisfied with the judgment, decided to appeal to the High Court.
Application of Section 107:
- Determine a case finally: The High Court, after reviewing the case, may decide to uphold the District Court's decision, thereby determining the case finally.
- Remand a case: If the High Court finds that the District Court did not consider certain crucial evidence, it may remand the case back to the District Court for reconsideration with instructions to review the overlooked evidence.
- Frame issues and refer them for trial: The High Court may identify that certain legal issues were not addressed by the District Court. It can frame these issues and refer them back to the District Court for a fresh trial on those specific points.
- Take additional evidence: T...
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