Code of Civil Procedure, 1908–Sec. 103–Scope–Section permits the High Court to go into the facts only when the Courts below have not determined or rendered any finding on a crucial fact despite evidence already available on record or after deciding the substantial question of law, the facts of a particular case demand redetermination–For the second limb of Sec. 103 to apply, there must first be a decision on the substantial question of law to which the facts must be applied to determine the issue in dispute.


