Khalil Ahamad Khan vs Malka Mehar Nigar Begum And Ors. on 27 October, 1953
103. The next case to be considered is --'Siddiq Ahmad v. Syed Ahmad', AIR 1945 Cal 418 (R). In that also the exact point raised in the appeal arose for decision. The learned Judges notice the difference of opinion on the subject between the highest authorities and lay down the principle that all that is required of modern courts is to see
"which of the two opinions, if any, has been accepted by the later commentators who are of recognised authority in India, and if we find that they have consistently adopted one particular view to the exclusion of the other, it would be presumptuous on our part to attempt at this day to decide the point on the basis of original authorities by the application of any general rule of interpretation."