Section 103
Power of High Court to determine issues of fact
Part VII: Appeals
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.
The Code of Civil Procedure, 1908 (Act No. 5 of 1908). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.