Rajinder Kumar vs Rajender Kumar Kaushik & Anr
Delhi High Court Sets Aside Orders Rejecting Documents and Evidence, Holds Procedure is Handmaid of Justice
Case Snapshot
Case Name: Rajinder Kumar v. Rajender Kumar Kaushik & Anr.
Citation / Neutral Citation: 2026:DHC:7834 / CNR No. DLHC010390072026
High Court: High Court of Delhi
Bench: Hon'ble Mr. Justice Ajay Digpaul
Date of Judgment: 15th September, 2026
Area of Law: Civil Procedure Code, Execution Proceedings, Order VIII Rule 1A(3), Order XIX Rules 4 & 5, Commercial Courts Act
Judgment Headline
Court restores evidence and documents in execution proceedings; procedure cannot obstruct substantial justice.
The Judgment in One Line
Delhi High Court sets aside orders rejecting petitioner's documents and evidence affidavit, holding procedural hurdles cannot obstruct a party from substantiating its case.
Why This Judgment Matters
This judgment reinforces the principle that procedure is the handmaid of justice and cannot be allowed to obstruct a party from substantiating its case. It establishes that documents vital for a just decision should be permitted even at a belated stage, particularly when no prejudice would be caused to the opposite party. The ruling also
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