The Concept of 'Control' in Contractual Obligations: A Study on Section 19 CPC

Is 'control' a valid criterion to determine the enforceability of a contractual obligation under Section 19 of the Civil Procedure Code (CPC)? I firmly believe that it is not, as it introduces ambiguity and subjectivity in an otherwise objective legal framework.

In the landmark case of B. S. Mathur v. Ram Kishan Dalmia, the Allahabad High Court held that the test of 'control' cannot be a determining factor in ascertaining the enforceability of a contract. Instead, the focus should be on the actual intention of the parties involved, as reflected in the contract itself.

What are your thoughts on this? Can 'control' ever be a valid criterion in contractual obligations?