Section 107 — Powers of Appellate Court
An appeal is a re-hearing, and § 107 hands the appellate court its toolkit. Subject to the prescribed conditions, it may (a) decide the case finally, (b) remand it, (c) frame issues and refer them for trial, or (d) take additional evidence. And beyond that list, it has the same powers and duties as a court of original jurisdiction.
How to read Section 107
Four express powers (1)
The appellate court may (a) determine the case finally, (b) remand it, (c) frame issues and refer them for trial, or (d) take additional evidence — subject to the prescribed conditions.
Same powers as a trial court (2)
Beyond the list, it has the same powers and as nearly as may be the same duties as a court of original jurisdiction — so an appeal is a genuine re-hearing.
Within prescribed limits
All of this is “subject to such conditions and limitations as may be prescribed” — chiefly the rules of Order XLI.
The bare Act
(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power—
→ Worked by Order XLI: final determination (rr. 24, 33), remand (rr. 23, 23A, 25), additional evidence (rr. 27–29).
(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.
Note. § 107 stands as in the original Code. It applies to appeals from original decrees (§ 96) and, through § 108, to second appeals and appeals from orders. The procedure is in Order XLI.
Key terms decoded
The court hearing the appeal — whether on a first appeal, a second appeal or an appeal from an order (via § 108).
The powers are exercised within the rules — chiefly Order XLI, which lays down when and how each may be used.
To decide the appeal itself on the merits — the normal course, ending the matter without sending it back.
To send the case back to the trial court for fresh disposal (e.g. where it was decided on a preliminary point). See Order XLI rr. 23, 23A.
Where the trial court omitted a necessary issue, the appellate court may settle it and send it to the trial court to record findings (Order XLI r. 25).
To receive fresh evidence, or have it taken, in the limited circumstances allowed by Order XLI rr. 27–29.
Beyond the four, the appellate court wields all a trial court’s powers — confirming that an appeal is a re-hearing, not a mere review.
The trial-court duties apply so far as they sensibly can at the appellate stage — a practical, not a literal, transposition.
The picture — the appellate court’s toolkit
§ 107 is the appellate court’s toolbox: four named tools — decide finally, remand, frame-and-refer issues, take more evidence — backed by the full powers of a trial court. That second limb is what makes an appeal a genuine re-hearing, all kept within the bounds of Order XLI.
Section 107, part by part
Sub-section (1) — four express powers, subject to prescribed conditions: determine finally (a), remand (b), frame & refer issues (c), take additional evidence (d).
Sub-section (2) — beyond the four, the appellate court has the same powers and duties as a court of original jurisdiction. That is what makes an appeal a re-hearing.
How the parts work as one body
A toolkit, plus a trial court’s full powers
Connected provisions
Section 107 opens the general provisions on appeals (§§ 107–108). Its powers serve the first appeal (§ 96) and, through § 108, the second appeal and appeals from orders. The detailed procedure — remand, framing issues, additional evidence — is in Order XLI; and § 103 is a special instance of the fact-finding power.