The litigants in High Courts are often confused.
After they have lost in High Court, they have constitutional right to approach Supreme Court by way of appeal under Art.136
Sometimes, the circumstances are such that they are ill advised to file undertaking before High Court that they will not file appeal in Supreme Court.
Legality of such undertaking was debated in Supreme Court in P. R. Deshpande case in 1998 by a Bench presided by Hon'ble Justice K. T. Thomas.
Supreme Court held that everyone has Constitutional right given under Art.136 to approach Supreme Court. Such right does not go away by such undertaking.
