Powers of Appellate Court
Section 107 of the Code of Civil Procedure, 1908 deals with powers of Appellate Court. Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power— (a) to determine a case finally; The Act came into force on 01 Jan 1909.
(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.
Section 107, The Code of Civil Procedure, 1908 (Act 5 of 1908).
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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Oil vs Amit Ship Managment PVT LTD
Court's Decision & Legal Precedent
When an insurance company repudiates a claim on the ground that the loss was caused by an act of God, the burden lies on the plaintiff to establish by leading cogent evidence that the loss was not caused by an act of God but by human negligence or intervention. If the plaintiff fails to plead or prove that the collision was not due to an act of God, and the evidence on record demonstrates that the accident occurred due to natural forces (such as an unusual strong tidal current and broken mooring ropes) beyond the reasonable control of any human being, then the collision constitutes an act of God for which there is no legal liability. Furthermore, the absence of a specific framed issue regarding act of God does not vitiate the proceedings if the parties were aware of the issue, adduced evidence thereon, and advanced submissions in relation thereto, provided no prejudice is established.
On this section: Power to frame additional issues; court considered whether additional issue on act of God should be framed in exercise of this power
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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… The Hon'ble Supreme Court in State of Punjab and Others –vs- Bakshish Singh (1998) 8 SCC 222 at para-10 held as follows: "10. The powers of the appellate court are also indicated in Section 107 of the Code of Civil Procedure which provides that the appellate court shall have the same powers as are conferred on the original court. If the trial court could dispose of a case finally, the appellate court could also, by virtue of clause (a) of sub-section (1) of Section 107, determine a case finally. In …
Questions about Section 107
What have the courts held on Section 107 of the Code of Civil Procedure?
Oil vs Amit Ship Managment PVT LTD (27 Apr 2018) is the leading judgment on this section among those set out below: Power to frame additional issues; court considered whether additional issue on act of God should be framed in exercise of this power.
How do I find court cases under Section 107 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 107, section 107 CPC, section 107 of the Code of Civil Procedure. People searching for it also type 107a cpc. 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 Oil vs Amit Ship Managment PVT LTD (27 Apr 2018).
When did Section 107 of the Code of Civil Procedure come into force?
Section 107 of the Code of Civil Procedure, cited as CPC 107, 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.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
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 15 Oct 2026. This page is not a substitute for legal advice.