Code of Civil Procedure, 1908
107.Power
of Appellate court.-
(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.