The Code of Civil Procedure, 1908 (Act No. V of 1908); section 107

Section 107 of the Code of Civil Procedure enjoins the appellate Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under section 107 are the same as that of the trial Court. This power has been given to the appellate Court with a view to minimize the harass­ment of the parties to the litigation and also to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of expert's opinion. If it requires an expert's opinion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually and completely adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreement with the admitted signatures of the defendant for comparison by a handwriting expert if the parties make any prayer in that regard…………………………………………(5)