Code of Civil Procedure, 1908 · Chapter VII: Appeals Appeals From Original Decrees · General provisions relating to appeals
Section 107: Powers of Appellate Court
(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power—
(a) to determine a case finally;
(b) to remand a case;
(c) to frame issues and refer them for trial;
(d) to take additional evidence or to require such evidence to be taken.
(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 107
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Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited
In ‡M. Hakeem and Anr.’s case, this Court held that while exercising powers u/s.34 of the Arbitration and Conciliation Act, 1996, a Court hearing the petition had no power to “modify” the Award, whereas other benches of…
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Mallavva and Anr v. Kalsammanavara Kalamma (Since Dead) by Legal Heirs & Ors.
Whether the original suit filed by the plaintiffs even after the amendment of the plaint at the stage of first appeal seeking possession of the suit property could be said to be time barred. In other words, whether the…
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Manisha Mahendra Gala & Ors. v. Shalini Bhagwan Avatramani & Ors.
Appellants if had easementary right of the way over the land owned by the respondents i.e. the disputed rasta. Appellants’ reliance upon the evidence of their Power of Attorney holder/Manager of the property (PW-1) to…
- Sunil Sikri v. Guru Harkrishan Public School & Anr.
- Satish Chand Surana v. Raj Kumar Meshram
- The State of Jharkhand & Ors. v. Mis Hindustan Construction Co. Ltd.
- A. Andisamy Chettiar v. A. Subburaj Chettiar
- Zarif Ahmad (D} Through Lrs. & Another v. Mohd. Farooq
- Y. Sleebachen Etc. v. Superintending Engineer Wro/Pwd &Anr.
- Bakshi Dev Raj & Anr. v. Sudhir Kumar