Section 107 of CPC : Section 107: Powers of Appellate Court.

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: The High Court may find that new evidence has come to light which was not available during the original trial. It can either take this additional evidence itself or instruct the District Court to do so.

Example 2:

Scenario: Priya filed a lawsuit against a construction company for poor quality work in the Small Causes Court. The court ruled in favor of the construction company. Priya appealed to the High Court.

Application of Section 107:

• Determine a case finally: The High Court, after examining the records and hearing both parties, may decide to reverse the Small Causes Court's decision and rule in favor of Priya, thus determining the case finally.
• Remand a case: If the High Court finds procedural errors in the Small Causes Court's handling of the case, it may remand the case back to the Small Causes Court with directions to correct the procedural errors and re-evaluate the case.
• Frame issues and refer them for trial: The High Court may notice that the Small Causes Court did not address certain legal questions. It can frame these issues and send them back to the Small Causes Court for a new trial focused on these specific questions.
• Take additional evidence: If Priya presents new evidence that was not available during the original trial, the High Court can decide to take this evidence into account or ask the Small Causes Court to consider this new evidence in its re-evaluation.