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Which one of the following is not included in the powers of the appellate Court?
Question

Which one of the following is not included in the powers of the appellate Court?

A.

To determine the case finally.

B.

To try the case de novo.

C.

To remand the case.

D.

To take additional evidence.

Correct option is B


The appellate court does not have the power to try the case de novo (start the trial afresh). It can only adjudicate the appeal based on the record of the trial court or additional evidence permitted under exceptional circumstances as per Order XLI Rules 23, 24, and 27 of CPC.

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