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.
Once a summary judgment application has been heard, Rules 6 to 8 of Order XIII-A say what the court may do. It may give judgment, dismiss the application, dismiss part and give judgment on the rest, strike out pleadings, send the case to case management or make a conditional order. Rule 7 allows conditions such as a deposit or security where a claim or defence might succeed but probably will not. Rule 8 deals with costs. This article reads Rules 6(1), (2), 7(1), (2) and 8 as amended up to 3 May 2018, as per the text consulted, for creditors planning a recovery suit. The Schedule prints "judgement"; this series writes "judgment".
On a summary judgment application the court "may make such orders that it may deem fit in its discretion", including judgment on the claim, a conditional order, dismissal of the application, part dismissal and part judgment, striking out pleadings or further directions for case management under Order XV-A. It must record its reasons. Where a claim or defence might succeed but it is improbable that it shall do so, a conditional order can require a deposit, a step, security or other conditions, with consequences for non-compliance, including judgment.
Rule 6: orders the court may make
Sub-rule (1): the list
"On an application made under this Order, the Court may make such orders that it may deem fit in its discretion including the following":
| Clause | Order |
|---|---|
| (a) | Judgment on the claim |
| (b) | Conditional order in accordance with Rule 7 |
| (c) | Dismissing the application |
| (d) | Dismissing part of the claim and a judgment on part of the claim that is not dismissed |
| (e) | Striking out the pleadings (whether in whole or in part) |
| (f) | Further directions to proceed for case management under Order XV-A |
The words "including the following" show the list is not closed. Because "claim" includes part of a claim, a question on which it depends and a counterclaim (Rule 1(2), covered in our article on scope, stage and grounds), these orders can be made on part of a case. Clause (f) links to the trial track: the case moves to case management under Order XV-A, explained in our article on the case management hearing.
Sub-rule (2): reasons
"Where the Court makes any of the orders as set forth in sub-rule (1) (a) to (f), the Court shall record its reasons for making such order." Reasons are mandatory for every order in the list.
Rule 7: conditional order
Sub-rule (1): when
"Where it appears to the Court that it is possible that a claim or defence may succeed but it is improbable that it shall do so, the Court may make a conditional order as set forth in Rule 6 (1) (b)." This sits between two outcomes. If a claim or defence has no real prospect (Rule 3), the court may give summary judgment. If it is possible but improbable, the court may make a conditional order.
Sub-rule (2): what the order may contain
Where the Court makes a conditional order, it may:
(a) make it subject to all or any of the following conditions:
- (i) require a party to deposit a sum of money in the Court;
- (ii) require a party to take a specified step in relation to the claim or defence, as the case may be;
- (iii) require a party to give such security or provide such surety for restitution of costs as the Court deems fit and proper;
- (iv) impose such other conditions, including providing security for restitution of losses that any party is likely to suffer during the pendency of the suit, as the Court may deem fit in its discretion; and
(b) specify the consequences of the failure to comply with the conditional order, "including passing a judgement against the party that have not complied with the conditional order."
So a conditional order has two parts: the conditions (a) and the stated consequence (b). The text does not give any amount or percentage for a deposit or security; it is left to the court.
Rule 8: costs
"The Court may make an order for payment of costs in an application for summary judgement in accordance with the provisions of sections 35 and 35A of the Code." Sections 35 and 35A are named; the new section 35 inserted by the Schedule is covered in our article on costs in commercial suits, and the text does not reproduce section 35A.
Decision paths after a hearing
| Court's view | Likely order under the Rules |
|---|---|
| No real prospect, and no compelling reason for a trial (Rule 3) | Judgment on the claim, or part (Rule 6(1)(a), (d)) |
| Possible but improbable success (Rule 7(1)) | Conditional order (Rule 6(1)(b)) with conditions and stated consequence |
| Application fails | Dismissal (Rule 6(1)(c)) |
| Issues need trial | Further directions for case management (Rule 6(1)(f)) |
| Pleadings unsustainable | Striking out, whole or part (Rule 6(1)(e)) |
The table is a reading of the Rules in plain terms; the text leaves the court its discretion.
What this means for parties
- A conditional order is a real outcome. A party that cannot meet a deposit or security may lose by default if the order says so, as sub-rule (2)(b) allows judgment against the non-complying party.
- Be ready to show means or offer terms. The text allows deposit, a specified step, security or surety, so a party can propose conditions it can meet.
- Costs follow the application. Rule 8 makes costs available on the application itself.
- Reasons are recorded. Under Rule 6(2) every order carries reasons.
Example. Sunbeam Components Ltd sues a retailer for an unpaid price. The retailer's defence, that the goods were defective, is thin but not hopeless. The court concludes that success is possible but improbable and makes a conditional order: the retailer must deposit part of the claimed sum within a stated time, failing which judgment will be passed against it. The retailer deposits and the case goes to case management under Order XV-A. Had the court found no real prospect, it could have given judgment on the claim straight away.
Points to check in the text
- The Schedule prints "judgement" in Rule 6(1)(a) and (d), Rule 7(2)(b) and Rule 8; this series writes "judgment".
- Rule 7(2) runs on from Rule 7(1) without a break in the print.
- The text sets no amount for deposit or security.
Need help with summary judgment or a conditional order?
Conditions such as deposits and security can decide a case. If you are pursuing or defending a money claim, see our recovery suit page.
Key takeaways
- The court may give judgment, make a conditional order, dismiss the application, dismiss part and give judgment on the rest, strike out pleadings or direct case management.
- Reasons must be recorded for every such order.
- A conditional order is for a claim or defence that might succeed but is improbable; it may require a deposit, step, security or other conditions.
- The order must specify the consequence of non-compliance, including judgment against the defaulting party.
- Costs may be ordered on the application under sections 35 and 35A of the Code.
Read next
- Order XIII-A: summary judgment scope, stage and grounds
- Order XIII-A: summary judgment application, reply and evidence
- Order XV-A: powers of the court, adjournment and non-compliance
- 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.