V.R.KRISHNA IYER
Mathai Ouseph Panackal – Appellant
Versus
Joseph – Respondent
At the end of this Order, what I say at the beginning, induced by the number of rulings cited at the bar, will be better understood. The revision relates to the soundness of the lower Court's finding on a preliminary issue. But before going into it let me quote a passage from Paton (Jurisprudence):
"The community must be ruled by law and not by men, for then all are equally treated. But should we carry our natural love of equality as an attribute of justice so far as to treat twenty plaintiffs unjustly because one binding case laid down an unjust rule ? Is it better to be ultimately right or consistently and persistently wrong ?"
Isaac, J., in Aust. Agric. Co. v. Federated Engineer-Drivers Assocn., (1913) 17 CLR 261 at p. 278: "It is not in my opinion better that the Court should be persistently wrong than that it should be ultimately right."
Reverence for precedents in a country of many courts, as in India or America, may often defeat the very object of certainty of the Law by plunging it into a maze of conflicting rulings and subtle distinctions pushing it away from ordinary people who are expected to know the law and obey it. The present case is an illustration in point.
2.
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