Civil Procedure Code, 1908
Chapter 007 Appeals
Section 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-
- which has not been determined by the lower Appellate Court or both by the Court of first instance and the lower Appellate Court, or
- 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.