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.
Rules 4 and 5 of Order XIII-A are the working procedure of a summary judgment application in a commercial suit. Rule 4 says what the application and the reply must contain and gives the respondent at least thirty days' notice of the hearing and thirty days to reply. Rule 5 sets the timing for documentary evidence: fifteen days before the hearing for the respondent's additional documents and five days for the applicant's reply documents. This article reads Rule 4(1) to (3) and Rule 5(1) to (3) as amended up to 3 May 2018, as per the text consulted, for creditors preparing a recovery suit.
The application must say it is made under Order XIII-A, disclose all material facts, identify any point of law, attach and identify the documents relied on, give the reason there is no real prospect, and state the relief sought. The respondent gets at least thirty days' notice of the hearing and the claim, and may reply within thirty days of the notice of application or hearing, whichever is earlier. Additional documents go in fifteen days before the hearing (respondent) and five days before it (applicant's reply documents).
Rule 4(1): the application
An application for summary judgment "shall, in addition to any other matters the applicant may deem relevant, include the matters set forth in sub-clauses (a) to (f) mentioned hereunder". The copy consulted prints only items (a) to (e), so the reference to "(f)" has no matching item; this is flagged and not corrected. The five printed items are:
| Item | What the application must contain |
|---|---|
| (a) | A statement that it is an application for summary judgment made under this Order |
| (b) | A precise disclosure of all material facts, and identification of the point of law, if any |
| (c) | If documentary evidence is relied on, that evidence must be included in the application, and the relevant content on which the applicant relies identified |
| (d) | The reason why there are no real prospects of succeeding on the claim or defending the claim, as the case may be |
| (e) | The relief the applicant is seeking, and a brief statement of the grounds |
Item (c) means documents are not left for later: they go in with the application, with the relevant part pointed out. Item (d) is the heart of the application. It repeats the test in Rule 3, which is described in our article on scope, stage and grounds.
Rule 4(2): notice of the hearing
"Where a hearing for summary judgement is fixed, the respondent must be given at least thirty days' notice of: (a) the date fixed for the hearing; and (b) the claim that is proposed to be decided by the Court at such hearing."
So the respondent knows both the date and which claim (or part of a claim) is to be decided.
Rule 4(3): the respondent's reply
The respondent "may, within thirty days of the receipt of notice of application of summary judgement or notice of hearing (whichever is earlier), file a reply" addressing the matters in clauses (a) to (f), "in addition to any other matters that the respondent may deem relevant".
Note the trigger: the earlier of receipt of the notice of the application and receipt of the notice of the hearing. The clock may therefore start before a hearing date is fixed.
| Clause | What the reply must contain |
|---|---|
| (a) | A precise disclosure of all material facts; identification of the point of law, if any; the reasons why the relief sought should not be granted |
| (b) | If the respondent relies on documentary evidence, it must be included in the reply and the relevant content identified |
| (c) | The reason why there are real prospects of succeeding on the claim or defending the claim, as the case may be |
| (d) | A concise statement of the issues that should be framed for trial |
| (e) | What further evidence will be brought on record at trial that could not be brought on record at the stage of summary judgment |
| (f) | Why, in light of the evidence or material on record if any, the Court should not proceed to summary judgment |
The reply thus mirrors the application and adds three items that look ahead to a trial: proposed issues, further evidence and why the court should not proceed summarily.
Rule 5: evidence for the hearing
Sub-rule (1): the respondent's additional documents
"Notwithstanding anything in this Order, if the respondent in an application for summary judgement wishes to rely on additional documentary evidence during the hearing, the respondent must: (a) file such documentary evidence; and (b) serve copies of such documentary evidence on every other party to the application at least fifteen days prior to the date of the hearing."
Sub-rule (2): the applicant's reply documents
If the applicant wishes to rely on documentary evidence in reply to the defendant's documentary evidence, the applicant must "(a) file such documentary evidence in reply; and (b) serve a copy of such documentary evidence on the respondent at least five days prior to the date of the hearing."
Sub-rule (3): no duplication
Sub-rules (1) and (2) "shall not require documentary evidence to be: (a) filed if such documentary evidence has already been filed; or (b) served on a party on whom it has already been served."
The timetable in one table
| Step | Period as printed | Rule |
|---|---|---|
| Notice of the hearing to the respondent | At least thirty days before the hearing | 4(2) |
| Reply by the respondent | Within thirty days of receipt of notice of application or notice of hearing, whichever is earlier | 4(3) |
| Respondent files and serves additional documents | At least fifteen days before the hearing | 5(1) |
| Applicant files and serves reply documents | At least five days before the hearing | 5(2) |
Practical points
- For the applicant. Put the documents into the application itself and point to the parts you rely on; state clearly why the defence has no real prospect.
- For the respondent. Diary the thirty days from the earlier notice, not just from the hearing notice. In the reply, do more than deny: say what the real prospects are, what issues should be framed and what evidence a trial would bring.
- For both. Check whether a document has already been filed or served; sub-rule (3) says it need not be filed or served again.
- After the hearing. The orders the court may then make are in our article on orders, the conditional order and costs.
Example. Orchid Packaging Ltd applies for summary judgment on an unpaid invoice claim. Its application states that it is made under Order XIII-A, discloses the material facts, annexes the invoices and delivery receipts and points to the relevant lines, says why the defence has no real prospect and states the relief sought. The defendant receives the application on 1 June and the notice of hearing on 20 June, so its thirty days run from 1 June. It files a reply stating real prospects and the issues for trial, and serves a further document fifteen days before the hearing; Orchid serves its reply document five days before.
Points to check in the text
- Rule 4(1) refers to "sub-clauses (a) to (f)" but prints items (a) to (e) only.
- Rule 4(1)(b) ends without punctuation in the copy consulted.
- The text states no form or fee for the application.
Need help drafting a summary judgment application or reply?
The thirty-day, fifteen-day and five-day clocks leave little time to put the papers together. If you are pursuing a money claim, see our recovery suit page.
Key takeaways
- The application must state it is under Order XIII-A, disclose material facts and law, attach documents, give reasons and state relief.
- The respondent gets at least thirty days' notice of the hearing and may reply within thirty days of the earlier notice.
- The reply must say why there are real prospects and what issues and evidence a trial would involve.
- Additional documents: respondent fifteen days before, applicant's reply documents five days before the hearing.
- Documents already filed or served need not be filed or served again.
Read next
- Order XIII-A: summary judgment scope, stage and grounds
- Order XIII-A: summary judgment orders, conditional order and costs
- Order XI Rules 5 to 7: production of documents and electronic records
- Execution petition: decree enforcement procedure under CPC
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.