CPC · Code of Civil Procedure, 1908

Section 103 CPC

Power of High Court to determine issue of fact

Procedure & effect

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.]

FAQ — Section 103 CPC

Section 103 of the Code of Civil Procedure, 1908 (CPC) deals with “Power of High Court to determine issue of fact”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

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.]

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.