When undertaking can be construed in favour of person giving such undertaking?
In the instant case, an undertaking was given by the landlord to the effect that the decree shall not be executed till the judgment of the lis relating to the specific performance of agreement. The expression 'decision' in the aforementioned situation, in our opinion, cannot be held to be a decision till it attains finality. Such an undertaking was given for a specific purpose meaning thereby determination of the lis by the court in the aforementioned Title Suit No.49 of 1990 and not beyond thereto. For the purpose of interpretation of such an undertaking the golden rule of literal meaning shall be applied. Application of doctrine of merger or for that matter the principle that appeal is a continuation of the suit will have no application.
An undertaking of this nature furthermore must be construed in favour of the person giving such undertaking. It should not be stretched too far. A party giving an undertaking is bound thereby but by reason thereof, the same cannot be given a meaning whereby the scope and extent thereof is enlarged
Had intention of the parties been that 'decision in the suit' would mean a 'final decision' therein, which may include final determination of the dispute upto this Court, it could have been stated so specifically. In our opinion, in such an event, a strained meaning will have to be put which was not the intention of the appellant. If that was the intention of the appellant, the question of this Court's making observations to facilitate early disposal of the suit would lose all relevance.1
Supreme Court of India
Rekha Mukherjee vs Ashish Kumar Das & Anr on 18 November, 2003
https://www.lawweb.in/2013/09/when-undertaking-can-be-construed-in.html
