( 1 ) THE petitioner, a company, is the defendant in a suit and prays for leave to appeal to the Supreme Court against an order of this Court, passed in second appeal, by which the case was remanded to the Court of appeal below for disposal in accordance with certain directions given. It claims that the order is a final order and accordingly it is entitled to appeal as of right-under Clause (a) of Article 133 (1) of the Constitution. Alternatively it claims that the case comes under Clause (c) and a certificate that it is a fit case for appeal ought to be granted. The argument advanced on the petitioner's behalf has raised certain fundamental questions as to the true scope of Article 133 and its relation to Sections 109 and 110, Civil P. C. , as adapted to the Constitution.

( 2 ) THE suit concerned was brought by the opposite-parties as owners of a certain Touzi which had been created on the resumption of certain lands, previously held under an invalid: lakheraj grant. They claimed damages from the petitioner on the allegation that it had wrongfully extracted a part of the coal underlying five plots of land comprised in the touzi and caused damage to other coa