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Code of Civil Procedure, 1908

103.Power of High Court to determine issues of fact.-

In any second appeal, the High Court may, if the evidence P, on the record is sufficient, deter-mine any issue of fact necessary for the disposal of the appeal {Subs. by Act 6 of 1926, s.2, for "but not determined by the lower Appellate Court ".} [which has not been determined by the lower Appellate Court or which has been wrongly determined by such Court by reason of any illegality, omission, error or defect such as is referred to in sub-section (1) of section 100].

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