Supreme Court · 2003 INSC 637 · Decided 18 November 2003
Rekha Mukherjee v. Ashish Kumar Das and ANR.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 637 · [2003] SUPP. 5 S.C.R. 646
- Case number
- CIVIL APPEAL No. 9131/2003
- Decided
- 18 November 2003
- Bench
- V.N. KHARE, S.B. SINHA, AR. LAKSHMANAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Suit for eviction by appellant-Suit for specific performance of agreement of sale by respondent-Trial Court decreeing appellant's suit-Appellant C furnishing an undertaking before Supreme Court not to proceed with execution of eviction decree till the decision in respondent's suit-Dismissal of Court-Validity of the undertaking given before Supreme Court-Held, undertaking given till the decision in the suit does not mean till it attains finality-Doctrine of merger cannot be applied in interpretation of an D undertaking-Hence, the undertaking becomes invalid after dismissal of
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