Remand for retrial is not a final order when parties' rights remain open to fresh adjudication under constitutional appeal rules.

An order remanding a matter for retrial is not a final order under Article 133(1)(c) of the Constitution if it leaves the parties' rights open for fresh adjudication. The Supreme Court held that finality requires conclusive determination of the civil proceeding, and a direction for retrial on amended pleadings and all issues does not satisfy that test. A certificate of fitness could not be granted merely because the remand was made in exercise of inherent powers. The certificate was therefore wrongly issued and was vacated, and the appeals failed for want of the constitutional condition for appellate jurisdiction.

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Issues: Whether an order remanding a matter for retrial is a final order for the purpose of an appeal under Article 133(1)(c) of the Constitution of India, and whether a certificate of fitness could be granted on that basis.

Analysis: An order is final only if it conclusively determines the rights of the parties in the civil proceeding. Where the proceeding remains to be tried afresh and the parties' rights are still to be adjudicated, a remand order does not amount to a final order. The High Court's direction for retrial on amended pleadings and all issues left the dispute open for fresh determination, so it did not satisfy the constitutional requirement for an appeal. The view that a certificate could issue merely because the remand order was passed in exercise of inherent powers was rejected.

Conclusion: The remand order was not a final order within Article 133(1)(c), and the certificate of fitness was wrongly granted.

Final Conclusion: The appeals failed because the constitutional condition for appeal was not met, and the High Court's certificate was vacated.

Ratio Decidendi: A remand order directing a fresh trial and leaving the parties' rights undecided is not a final order for the purpose of appellate jurisdiction under Article 133(1)(c) of the Constitution of India.

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