Power of High Court to determine issue of fact
Section 103 of the Code of Civil Procedure, 1908 deals with 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 The Act came into force on 01 Jan 1909.
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.]
Section 103, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Narayan Sitaram Badwaik (dead) Thr. Lrs vs Bisaram& ORS.
Court's Decision & Legal Precedent
When a First Appellate Court adopts an erroneous legal approach in deciding factual issues, the High Court in a second appeal cannot simply uphold the Trial Court's judgment without conducting a proper assessment of the evidence in light of the correct legal principles. The High Court must either remand the matter for reconsideration by the First Appellate Court or itself exercise the power under Section 103 of the Code of Civil Procedure to determine the factual issues afresh. A mechanical upholding of the Trial Court's decision without evidence assessment, even when the High Court has correctly identified legal errors, constitutes an improper exercise of appellate jurisdiction and is liable to be set aside.
On this section: Empowers the High Court to determine any issue of fact necessary for disposal of the appeal in two circumstances: (a) when an issue has not been determined by lower courts, or (b) when an issue has been wrongly determined due to an erroneous decision on a question of law under Section 100. The Supreme Court extensively analyzes this section, noting that it is complementary to Section 100, not an exception to it.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… With respect to the present case, it is clear from the observations passed by the High Court in the impugned judgment that the First Appellate Court approached the matter incorrectly. As such, the High Court ought to have either remanded the matter, or exercised its powers under Section 103, Code of Civil Procedure and decided the issues of fact. Instead, after negativing the observations and holding of the First Appellate Court, the High Court mechanically upheld the decision rendered by the Trial Court in the following terms: > "11. This decision makes it clear that a party has a right to show that …
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… In fact, Section 103 of the Code of Civil Procedure explicitly provides for circumstances under which the High Court may do so. Section 103 of the Code of Civil Procedure is as follows: > " 103. 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 …
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… However, this does not mean that the High Court cannot, in any circumstance, decide findings of fact or interfere with those arrived at by the Courts below in a second appeal. In fact, Section 103 of the Code of Civil Procedure explicitly provides for circumstances under which the High Court may do so. Section 103 of the Code of Civil Procedure is as follows: > Section 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 …
Questions about Section 103
What have the courts held on Section 103 of the Code of Civil Procedure?
Narayan Sitaram Badwaik (dead) Thr. Lrs vs Bisaram& ORS. (17 Feb 2021) is the leading judgment on this section among those set out below: Empowers the High Court to determine any issue of fact necessary for disposal of the appeal in two circumstances: (a) when an issue has not been determined by lower courts, or (b) when an issue has been wrongly determined due to an erroneous decision on a question of law under Section 100. The Supreme Court extensively analyzes this section, noting that it is complementary to Section 100, not an exception to it.
How do I find court cases under Section 103 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 103, section 103 CPC, section 103 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Narayan Sitaram Badwaik (dead) Thr. Lrs vs Bisaram& ORS. (17 Feb 2021).
What should I read with Section 103 of the Code of Civil Procedure, and has it changed?
Its own text turns on section 100 (Second appeal), so none of them can safely be read on its own.
When did Section 103 of the Code of Civil Procedure come into force?
Section 103 of the Code of Civil Procedure, cited as CPC 103, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.