SECTION 103, 104 OF CODE OF CIVIL PROCEDURE 1908

What is the Power of High Court to determine issues of fact? What are the Orders from which appeal lies? Section 103 and 104 of Code of Civil Procedure 1908

Power of High Court to determine issues of fact and Orders from which appeal lies are defined under Section 103 and 104 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 103 of Code of Civil Procedure 1908 "Power of High Court to determine issues 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 reason of a decision on such question of law as is referred to in section 100.

Section 104 of Code of Civil Procedure 1908 "Orders from which appeal lies"

(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:-

[Clauses (a) to (f) omitted]

(ff) an order under section 35A;

(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;

(g) an order under section 95;

(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of an person except where such arrest or detention is in execution of a decree;

(i) any order made under rules from which an appeal is expressly allowed by rules;

Provided that not appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.

(2) No appeal shall lie from any order passed in appeal under this section.

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