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.
After both sides have disclosed their documents, the new Order XI moves to inspection and then to admission or denial. Rule 3 sets a thirty-day window to complete inspection, a thirty-day limit to decide disputes about inspection, and exemplary costs for wilful or negligent non-disclosure. Rule 4 requires each party to say, within fifteen days of completing inspection, which documents it admits or denies and why. This article reads Rules 3(1) to (6) and 4(1) to (7) as amended up to 3 May 2018, as per the text consulted, for parties preparing a commercial suit filing.
All parties must complete inspection within thirty days of filing the written statement (or the written statement to the counterclaim, whichever is later). Within fifteen days of completing inspection each party files a statement of admissions or denials with an affidavit; bare and unsupported denials are not treated as denials, and proof of the document may be dispensed with. Wilful or negligent non-disclosure, or unwarranted refusal to admit, can attract costs, including exemplary costs.
Rule 3: inspection
Sub-rule (1): the thirty days
"All parties shall complete inspection of all documents disclosed within thirty days of the date of filing of the written statement or written statement to the counterclaim, whichever is later. The Court may extend this time limit upon application at its discretion, but not beyond thirty days in any event."
So the base period is thirty days, and the Court's power to extend is itself capped: the extension cannot go "beyond thirty days in any event". The text does not say whether that is thirty days in total or a further thirty days; read it as printed and take advice on the point.
Sub-rule (2): directions for inspection or production
Any party "may seek directions from the Court, at any stage of the proceedings, for inspection or production of documents by the other party, of which inspection has been refused by such party or documents have not been produced despite issuance of a notice to produce."
Sub-rule (3): thirty days to dispose of the application
The order on such an application "shall be disposed of within thirty days of filing such application, including filing replies and rejoinders (if permitted by Court) and hearing."
Sub-rule (4): five days to give inspection
If the application is allowed, "inspection and copies thereof shall be furnished to the party seeking it, within five days of such order."
Sub-rule (5): no reliance without disclosure or inspection
"No party shall be permitted to rely on a document, which it had failed to disclose or of which inspection has not been given, save and except with leave of Court."
Sub-rule (6): exemplary costs
The Court "may impose exemplary costs against a defaulting party, who wilfully or negligently failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in their power, possession, control or custody or where a Court holds that inspection or copies of any documents had been wrongfully or unreasonably withheld or refused." Our article on costs in commercial suits describes the general costs rule.
Rule 4: admission and denial of documents
Sub-rule (1): fifteen days
"Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the Court."
Sub-rule (2): what the statement must say
The statement "shall set out explicitly, whether such party was admitting or denying": (a) correctness of contents of a document; (b) existence of a document; (c) execution of a document; (d) issuance or receipt of a document; (e) custody of a document.
Explanation. A statement of admission or denial of the existence of a document under clause (b) "shall include the admission or denial of the contents of a document."
Sub-rule (3): reasons; bare denials
The copy consulted prints this sub-rule as "3)". It says: "Each party shall set out reasons for denying a document under any of the above grounds and bare and unsupported denials shall not be deemed to be denials of a document and proof of such documents may then be dispensed with at the discretion of the Court."
Sub-rule (4): third-party documents
"Any party may however submit bare denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a party to in any manner whatsoever." This is the exception to the reasons requirement.
Sub-rule (5): supporting affidavit
"An Affidavit in support of the statement of admissions and denials shall be filed confirming the correctness of the contents of the statement."
Sub-rule (6): costs for undue refusal
If the Court holds that any party has unduly refused to admit a document under any of the criteria, "costs (including exemplary costs) for deciding on admissibility of a document may be imposed by the Court on such party."
Sub-rule (7): orders on admitted documents
"The Court may pass orders with respect to admitted documents including for waiver of further proof thereon or rejection of any documents."
Timeline at a glance
| Step | Period as printed | Rule |
|---|---|---|
| Complete inspection | Thirty days from filing the written statement (or the written statement to the counterclaim), whichever is later | 3(1) |
| Extension of inspection time | By application; "not beyond thirty days in any event" | 3(1) |
| Court disposes of an inspection application | Within thirty days of filing, including replies and rejoinders and hearing | 3(3) |
| Inspection and copies after an order | Within five days of the order | 3(4) |
| Statement of admissions or denials | Within fifteen days of completing inspection, or a later date fixed by the Court | 4(1) |
The five grounds of admission or denial
| Ground | What the party says |
|---|---|
| (a) Correctness of contents | Whether the contents of the document are correct |
| (b) Existence | Whether the document exists (includes contents, per the Explanation) |
| (c) Execution | Whether the document was executed |
| (d) Issuance or receipt | Whether it was issued or received |
| (e) Custody | Whether the document was in the party's custody |
How this fits into the suit
The steps follow from Rule 1: lists with plaint and written statement, then inspection, then the admissions statement. After that, the first case management hearing is to be held "not later than four weeks from the date of filing of affidavit of admission or denial of documents by all parties" (Order XV-A Rule 1); see our article on case management hearings. The earlier step, disclosure, is in our article on Order XI Rule 1.
Example. Meridian Steel Ltd sues a buyer. After the buyer's written statement is filed, both sides inspect each other's documents. The buyer denies a delivery challan, but its statement says only "denied". Under Rule 4(3), a bare and unsupported denial is not deemed a denial and proof may be dispensed with. The buyer then files a corrected statement giving reasons, with an affidavit confirming it. A third-party transport document, of which the buyer has no personal knowledge, can be bare-denied under sub-rule (4).
Practical tips
- Diarise the date the written statement is filed; the inspection window runs from it.
- Prepare the admissions statement document by document and check each of the five grounds.
- Give reasons for each denial, except for true third-party documents.
- File the supporting affidavit with the statement.
Points to check in the text
- Rule 4 sub-rule (3) is printed as "3)".
- The extension limit in Rule 3(1) is worded "not beyond thirty days in any event"; the text does not say if that is total or additional.
- The text states no cost amounts.
Need help with inspection and admission of documents?
These steps run on short clocks and affect what evidence you can use. If you want help organising your documents and statements, see our commercial suit filing page.
Key takeaways
- Inspection must be completed within thirty days of filing the written statement (or the written statement to the counterclaim), whichever is later.
- A statement of admissions or denials is due within fifteen days of completing inspection, with a supporting affidavit.
- Denials need reasons; bare denials are not deemed denials, except for third-party documents.
- Wilful or negligent non-disclosure and undue refusal to admit can attract exemplary costs.
- The Court may waive further proof of admitted documents.
Read next
- Order XI Rule 1: disclosure of documents
- Order XI Rules 5 to 7: production of documents and electronic records
- Order XV-A: case management hearing and trial timeline
- 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.
