Schedule explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Schedule substitutes a new Order XI of the Code of Civil Procedure, 1908 for suits before a Commercial Division or Commercial Court. Rule 1 requires each side to file a list and copies of all documents in its power, possession, control or custody that pertain to the suit, including documents that go against its own case, and to swear that nothing else exists. This article reads Rule 1(1) to (12) as amended up to 3 May 2018, as per the text consulted, for parties planning a commercial suit filing.
With the plaint the plaintiff must file a list and photocopies of all documents in its power, possession, control or custody that pertain to the suit, whether they help or harm its case, with a declaration on oath that nothing else is held. The defendant does the same with the written statement or counterclaim. A party cannot rely on a document it failed to disclose, except by leave of Court on reasonable cause. The duty to disclose continues till disposal of the suit.
Where Rule 1 sits
Paragraph 4(E) of the Schedule substitutes Order XI, headed "Disclosure, Discovery and Inspection of Documents in Suits before the Commercial Division of a High Court or a Commercial Court". Rule 1 is headed "Disclosure and discovery of documents". Rule 2 (interrogatories), Rules 3 and 4 (inspection, admission and denial) and Rules 5 to 7 (production, electronic records) are in our other articles; this one covers Rule 1 only.
The plaintiff's duty: sub-rules (1) to (6)
Sub-rule (1): the list with the plaint
The plaintiff "shall file a list of all documents and photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along with the plaint, including":
- (a) documents referred to and relied on by the plaintiff in the plaint;
- (b) documents relating to any matter in question in the proceedings, in the power, possession, control or custody of the plaintiff as on the date of filing the plaint, irrespective of whether the same is in support of or adverse to the plaintiff's case.
The copy consulted prints, as item (c), the exclusion "nothing in this Rule shall apply to documents produced by plaintiffs and relevant only" for (i) cross-examination of the defendant's witnesses, (ii) answering any case set up by the defendant after the plaint, or (iii) documents handed to a witness merely to refresh his memory. It is printed as a list item but reads as an exclusion, and it is flagged here and not corrected.
Sub-rule (2): what the list must say
The list shall specify whether the documents are originals, office copies or photocopies, and shall set out in brief the details of the parties to each document, the mode of execution, issuance or receipt, and the line of custody of each document.
Sub-rule (3): the declaration on oath
The plaint "shall contain a declaration on oath from the plaintiff that all documents in the power, possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does not have any other documents". The Explanation says the declaration is contained in the Statement of Truth in the Appendix. See our article on pleadings and the Statement of Truth.
Sub-rule (4): urgent filings
"In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the above declaration on oath and subject to grant of such leave by Court", and shall file them "within thirty days of filing the suit", with a declaration on oath that it has produced all documents and has no others. Leave is needed; it is not automatic.
Sub-rule (5): no reliance without disclosure
The plaintiff "shall not be allowed to rely on documents, which were in the plaintiff's power, possession, control or custody and not disclosed along with plaint or within the extended period set out above, save and except by leave of Court", and leave "shall be granted only upon the plaintiff establishing reasonable cause for non-disclosure along with the plaint".
Sub-rule (6): documents held by the defendant
The plaint shall set out details of documents which the plaintiff believes to be in the power, possession, control or custody of the defendant, which the plaintiff wishes to rely upon, and seek leave for production by the defendant.
The defendant's duty: sub-rules (7) to (11)
| Sub-rule | Defendant's duty |
|---|---|
| (7) | File a list and photocopies of all documents in its power, possession, control or custody pertaining to the suit, with the written statement or counterclaim, including (a) documents referred to and relied on in the written statement and (b) documents relating to any matter in question, whether in support of or adverse to the defence; the same exclusion for cross-examination, answers to the plaintiff's later case, and memory-refreshing documents is printed as item (c) |
| (8) | The list shall specify whether originals, office copies or photocopies, and set out parties, mode of execution, issuance or receipt, and line of custody |
| (9) | The written statement or counterclaim shall contain a declaration on oath that all documents in the defendant's power, possession, control or custody, save and except those in sub-rule (7)(c)(iii), have been disclosed and annexed, and that there are no others |
| (10) | Save for sub-rule (7)(c)(iii), the defendant shall not rely on documents not disclosed, except by leave of Court, granted only upon reasonable cause for non-disclosure |
| (11) | The written statement or counterclaim shall set out details of documents in the plaintiff's power, possession, control or custody which the defendant wishes to rely on and which have not been disclosed with the plaint, and call upon the plaintiff to produce them |
Sub-rules (9) and (10) refer to "sub-rule (7)(c)(iii)", which shows that the exclusion in the copy consulted is item (c) of sub-rule (7). The time for the written statement is dealt with in our article on the written statement within 120 days.
Sub-rule (12): a continuing duty
"Duty to disclose documents, which have come to the notice of a party, shall continue till disposal of the suit." A party that finds a relevant document after filing must still disclose it. The text gives no procedure for later disclosure, so an application to the court is the sensible step.
Plaintiff and defendant compared
| Point | Plaintiff | Defendant |
|---|---|---|
| When | With the plaint | With the written statement or counterclaim |
| Which documents | Those relied on, and those relating to any matter in question, adverse or not | The same |
| Oath | Declaration in the plaint (Statement of Truth) | Declaration in the written statement or counterclaim |
| Late documents | Leave of Court on reasonable cause; urgent filings within thirty days with leave | Leave of Court on reasonable cause |
| Call for the other side's documents | Sub-rule (6) | Sub-rule (11) |
Why the rule matters
The rule asks for documents that hurt as well as help. A supplier that holds an e-mail admitting a short delivery must list it with the plaint, even if it expects to argue the point. Failure to disclose means the document cannot be used without leave. The consequences for wilful non-disclosure are in Rule 3(6), explained in our article on inspection, admission and denial of documents.
Example. Bharat Cables Ltd sues a contractor for non-payment. Before filing, it gathers the purchase orders, delivery challans and invoices it relies on, and also the complaint e-mails from the contractor about quality. The list says for each whether it is an original, office copy or photocopy, who the parties are, how it was signed or received and who has held it. The Statement of Truth swears that nothing else exists. A letter found after filing is disclosed at once under sub-rule (12).
Points to check in the text
- The exclusion is printed as item (c) in sub-rules (1) and (7); sub-rules (9) and (10) refer to "sub-rule (7)(c)(iii)".
- The text uses "its" and "his" for the plaintiff in different places; read the plaintiff as the party filing.
- No court fee, time for reply or form beyond the Statement of Truth is stated.
Need help preparing your document list?
Missing a document at filing can cost the right to use it later. If you want the documents and the declaration reviewed before a plaint or written statement is filed, see our commercial suit filing page.
Key takeaways
- The plaintiff files a list and copies of all documents in its power, possession, control or custody with the plaint, adverse or not.
- A declaration on oath, contained in the Statement of Truth, says nothing else is held.
- Urgent filings allow additional documents within thirty days of filing the suit, with leave of Court.
- The defendant must do the same with the written statement or counterclaim.
- Undisclosed documents cannot be relied on without leave on reasonable cause.
- The duty continues till disposal of the suit.
Read next
- Order XI Rule 2: interrogatories
- Order XI Rules 3 and 4: inspection, admission and denial of documents
- Statement of truth and pleadings in commercial suits
- Affidavit: definition, types, format and legal requirements
Disclaimer: Based on a text of the Commercial Courts Act, 2015 as amended up to 3 May 2018 and on the Ninth Schedule to the Mediation Act, 2023 as enacted, as consulted on 2 October 2026. Later amendments, the current Specified Value, the pre-institution mediation rules and High Court rules should be checked. This article is general information, not legal advice; check the official text before acting.