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 last three Rules of the new Order XI deal with documents that a party or outsider is asked to produce, with electronic records, and with provisions of the Code that do not apply to commercial suits. Rule 5 lets any party seek, or the court order, production at any time, with a notice period of seven to fifteen days and an adverse inference for refusal. Rule 6 says how e-mails, cloud files and other electronic records are disclosed and sworn to. Rule 7 switches off three provisions of the Code. This article reads Rules 5(1) to (4), 6(1) to (6) and 7 as amended up to 3 May 2018, as per the text consulted, for parties planning a commercial suit filing.
Any party may seek, or the court may order, production of documents by any party or person at any time during the suit. A notice to produce gives not less than seven days and not more than fifteen days, and the court may draw an adverse inference if a party refuses without sufficient reason. For electronic records, printouts are sufficient compliance and the sworn declaration must give detailed particulars of source, ownership and accuracy.
Rule 5: production of documents
Sub-rule (1): any party, any time
"Any party to a proceeding may seek or the Court may order, at any time during the pendency of any suit, production by any party or person, of such documents in the possession or power of such party or person, relating to any matter in question in such suit."
Notice the reach: the order can be against "any party or person", so a non-party holding a relevant document can be called upon. The documents must relate to a matter in question in the suit.
Sub-rule (2): the notice
"Notice to produce such document shall be issued in the Form provided in Form No. 7 in Appendix C to the Code of Civil Procedure, 1908." The Form is named; its contents are not in the source and are not described here.
Sub-rule (3): the time to respond
Any party or person to whom notice is issued "shall be given not less than seven days and not more than fifteen days to produce such document or to answer to their inability to produce such document."
Sub-rule (4): adverse inference and costs
"The Court may draw an adverse inference against a party refusing to produce such document after issuance of a notice to produce and where sufficient reasons for such non-production are not given and order costs." Two conditions combine: the party refuses after notice, and sufficient reasons are not given.
Rule 6: electronic records
Sub-rule (1): printouts are sufficient
"In case of disclosures and inspection of Electronic Records (as defined in the Information Technology Act, 2000), furnishing of printouts shall be sufficient compliance of the above provisions." The Information Technology Act, 2000 is named for the definition; its text is not in the source.
Sub-rule (2): electronic form
"At the discretion of the parties or where required (when parties wish to rely on audio or video content), copies of electronic records may be furnished in electronic form either in addition to or in lieu of printouts."
Sub-rule (3): the declaration on oath
Where electronic records form part of the documents disclosed, the declaration on oath shall specify:
| Clause | What must be stated |
|---|---|
| (a) | The parties to such electronic record |
| (b) | The manner in which it was produced and by whom |
| (c) | The dates and time of preparation, storage, issuance or receipt of each record |
| (d) | The source of the record and the date and time when it was printed |
| (e) | For e-mail ids, details of ownership, custody and access |
| (f) | For documents on a computer or computer resource (including external servers or cloud), details of ownership, custody and access to the data |
| (g) | The deponent's knowledge of contents and correctness of contents |
| (h) | Whether the computer or resource used was functioning properly or, if there was a malfunction, that it did not affect the contents |
| (i) | That the printout or copy furnished was taken from the original computer or computer resource |
Sub-rule (4): no inspection of originals if declared
A party relying on printouts or copies in electronic form "shall not be required to give inspection of electronic records, provided a declaration is made by such party that each such copy, which has been produced, has been made from the original electronic record."
Sub-rule (5): admissibility directions
"The Court may give directions for admissibility of Electronic Records at any stage of the proceedings."
Sub-rule (6): further proof
"Any party may seek directions from the Court and the Court may of its motion issue directions for submission of further proof of any electronic record including meta data or logs before admission of such electronic record."
Rule 7: provisions of the Code that do not apply
Rule 7, headed "Certain provisions of the Code of Civil Procedure, 1908 not to apply", says "for avoidance of doubt, it is hereby clarified that Order XIII Rule 1, Order VII Rule 14 and Order VIII Rule 1A of the Code of Civil Procedure, 1908 shall not apply to suits or applications before the Commercial Divisions of High Court or Commercial Courts." These three provisions are named as printed; the source does not reproduce them and this article describes nothing about their content. The point is that for commercial suits the document rules of the new Order XI take their place.
Rules 5 to 7 at a glance
| Rule | Subject | Key period or test |
|---|---|---|
| 5(1) | Production by any party or person at any time | Documents relating to a matter in question |
| 5(2) | Notice | Form No. 7 in Appendix C to the Code |
| 5(3) | Time to produce or explain | Not less than seven and not more than fifteen days |
| 5(4) | Refusal | Adverse inference and costs where sufficient reasons are not given |
| 6(1), (2) | Form of electronic records | Printouts sufficient; electronic copies in addition or instead |
| 6(3) | Declaration on oath | Nine particulars, (a) to (i) |
| 6(4) | Inspection | Not required if a declaration of copying from the original is made |
| 6(5), (6) | Court's directions | Admissibility at any stage; further proof including meta data or logs |
| 7 | Code provisions not applying | Order XIII Rule 1, Order VII Rule 14, Order VIII Rule 1A |
What this means for a business
Modern commercial disputes turn on e-mails, messaging records and cloud files. Rule 6(3) means the person who swears the declaration must be able to speak to each record's source, who held the e-mail account, where the data was stored, whether the system was working properly and that the printout is from the original. A company should therefore preserve the original electronic records and the logs, and identify, before filing, who can truthfully make the declaration. If the other side holds a key record, Rule 5 gives a route to ask the court to order production, and the court may draw an adverse inference against a party who refuses without sufficient reason.
The declaration in Rule 6(3) sits alongside the general declaration in the Statement of Truth; see our article on pleadings and the Statement of Truth. Disclosure itself is in our article on Order XI Rule 1.
Example. Fortune Logistics Pvt Ltd relies on an e-mail thread from the manager of a customer. Its declaration states the parties to each e-mail, who produced the printout and how, the dates and times, the e-mail id and who owns and has access to it, the manager's knowledge of the contents, that the computer was working properly, and that the printouts came from the original mailbox. The customer, which holds a signed delivery receipt it has not disclosed, receives a notice to produce under Rule 5 and has between seven and fifteen days to produce or explain.
Points to check in the text
- The copy consulted prints "deponents knowledge" in Rule 6(3)(g) without an apostrophe.
- Forms No. 7 and Appendix C are named only.
- Rule 7 names three provisions of the Code without describing them; check the Code for their content.
- The text consulted states no consequence for a party that fails to comply with Rule 6(3) other than the general rules of Order XI.
Need help with electronic evidence in a commercial suit?
Getting the declaration on electronic records right takes planning before the plaint is filed. If you want support with document and e-record preparation, see our commercial suit filing page.
Key takeaways
- Any party may seek, or the court may order, production of documents by any party or person at any time during the suit.
- The notice to produce gives not less than seven and not more than fifteen days.
- Refusal without sufficient reasons can lead to an adverse inference and costs.
- Printouts are sufficient compliance for electronic records, with a detailed declaration on oath.
- Order XIII Rule 1, Order VII Rule 14 and Order VIII Rule 1A of the Code do not apply to commercial suits.
Read next
- Order XI Rule 1: disclosure of documents
- Order XI Rules 3 and 4: inspection, admission and denial of documents
- Order XIII-A: summary judgment scope, stage and grounds
- 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.