Delhi High Court - Orders
Priya S Kapur vs Mandhira Kapur Smith & Anr on 17 February, 2026
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 140/2026 & I.A. 4176/2026, I.A. 4177/2026, I.A. 4178/2026
PRIYA S KAPUR .....Plaintiff
Through: Mr. Maninder Singh, Sr. Adv. with
Ms. Smriti Asmita, Ms. Anurupita
Kaur, Mr. Rahul Pandey, Ms. Janvi
Narang and Mr. Sagar Priyadharshi,
Advs.
versus
MANDHIRA KAPUR SMITH & ANR. .....Defendants
Through: Mr. Amit Sibal, Sr. Adv. with Mr.
Anuj Tiwari, Mr. Vaibhav Vats, and
Mr. Shivendra Nath Mishra, Advs. for
D-1
Mob: 6394041896
Email: [email protected]
Mr. Arjun Syal, Mr. Raghuveer
Kapur, Mr. Sagar and Mr. Naman
Verma, Advs. for D-2
Mob: 9811524410
Email: [email protected]
Mr. Vaibhav Gaggar, Sr. Advocate
with Ms. Smriti Churiwal, Mr. Jaiveer
Kant and Ms. Meher Thapar,
Advocates for Mrs. Rani Kapur
Mob: 9923659720
Email:
[email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 17.02.2026 Page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2026 at 20:40:53 I.A. 4177/2026 (For Exemption)
1. Exemption allowed, subject to just exceptions.
2. Application is disposed of.
I.A. 4178/2026 (For placing on Record Links/Videographic/Audio Evidence Via Pen Drive)
3. The present application has been filed on behalf of the plaintiff under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), read with Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018 ("Delhi High Court Rules") seeking leave to file documents in a Compact Disc ("CD")/Pen drive.
4. In terms of Rule 24 of Chapter XI of the Delhi High Court Rules, it is made clear that electronic records can be received in CD/Digital Versatile Disc ("DVD")/Medium, encrypted with a hash value. The said Rule 24 is extracted as below:
"xxx xxx xxx
24. Reception of electronic evidence - A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/DVD/Medium in the Registry. The electronic record in the encrypted CD/DVD/Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872.
xxx xxx xxx"Page 2 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2026 at 20:40:53
5. Accordingly, the Registry may receive the electronic record in a CD, so long as it is encrypted with a hash value or is in any other non-editable format. The said CD containing the documents, be placed in the electronic record of the present suit.
6. Accordingly, the present application is allowed and the plaintiff is allowed to place the documents in a CD.
7. With the aforesaid directions, the present application is disposed of. CS(OS) 140/2026 & I.A. 4176/2026
8. At the outset, learned Senior Counsel appearing for defendant no. 1 has pointed out to this Court that the affidavits in the present plaint as well as the applications pre-date certain documents filed along with the present plaint, as well as the pleadings made in the present plaint.
9. Accordingly, considering the submissions made before this Court and considering the fact that the filing of an affidavit is a curable defect, this Court directs the plaintiff to file fresh affidavits in support of the plaint as well as the respective applications.
10. Let fresh affidavits be filed within a period of one week, from today.
11. Issue summons. Summons is accepted by learned counsels appearing for the defendants.
12. Let written statements be filed by the defendants, within thirty (30) days from today. Along with the written statements, the defendants shall also file affidavits of admission/denial of the documents of the plaintiff, without which, the written statements shall not be taken on record.
13. Liberty is given to the plaintiff to file replication(s), if any, within thirty (30) days from the receipt of the written statements. Along with the replication filed by the plaintiff, the affidavit of admission/denial of the Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2026 at 20:40:53 documents of defendants, be filed by the plaintiff, without which the replication(s) shall not be taken on record.
14. The plaintiff shall also file a copy of the earlier suit filed by the plaintiff, along with the replication(s).
15. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
16. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.
17. Issue notice in I.A. 4176/2026. Notice is accepted by learned counsels appearing for the defendants.
18. Let reply be filed within a period of four weeks, from today.
19. Rejoinder thereto, if any, be filed within a period of one week, thereafter.
20. In the meanwhile, both the parties are directed to exercise restraint in making any public statements, directly or indirectly against each other.
21. List before the Joint Registrar (Judicial) on 14th April, 2026.
22. List before the Court on 14th May, 2026.
MINI PUSHKARNA, J FEBRUARY 17, 2026 ak Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2026 at 20:40:53