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.
Order XIII-A is a new Order that paragraph 5 of the Schedule inserts after Order XIII of the Code of Civil Procedure, 1908. It lets a court decide a claim in a commercial dispute without recording oral evidence. This article covers the first three Rules: what the Order covers (Rule 1), when an application can be made (Rule 2) and the grounds on which a court may give summary judgment (Rule 3). It reads them as amended up to 3 May 2018, as per the text consulted, for creditors considering a recovery suit. The Schedule prints "judgement" in the heading and text; this series writes "judgment".
Order XIII-A sets out "the procedure by which Courts may decide a claim pertaining to any Commercial Dispute without recording oral evidence". An application may be made at any time after summons is served on the defendant, but not after the court has framed the issues. The court may give summary judgment against a plaintiff or defendant if the party has no real prospect of succeeding or defending, and there is no other compelling reason for a trial. It cannot be used in a suit originally filed as a summary suit under Order XXXVII.
Rule 1: scope and classes of suits
Sub-rule (1): what the Order does
"This Order sets out the procedure by which Courts may decide a claim pertaining to any Commercial Dispute without recording oral evidence." The text is headed "Summary Judgement" in the copy consulted. Sub-rule (2) of Rule 1 runs on from sub-rule (1) without a break in the print.
Sub-rule (2): what "claim" includes
For the purposes of the Order, "claim" shall include:
- (a) part of a claim;
- (b) any particular question on which the claim (whether in whole or in part) depends; or
- (c) a counterclaim, as the case may be.
This makes the tool flexible: summary judgment can be sought on part of a claim, on a single question on which a claim depends, or on a counterclaim. It is not all-or-nothing.
Sub-rule (3): suits filed as summary suits
"Notwithstanding anything to the contrary, an application for summary judgement under this Order shall not be made in a suit in respect of any Commercial Dispute that is originally filed as a summary suit under Order XXXVII." Order XXXVII is named as printed; the source does not describe it. The reason is clear on the face of the text: a suit filed in that form is excluded from Order XIII-A, however it later develops. A creditor choosing between the two routes should read the word "originally".
Rule 2: stage for the application
"An applicant may apply for summary judgement at any time after summons has been served on the defendant."
Proviso. "No application for summary judgement may be made by such applicant after the Court has framed the issues in respect of the suit."
So the window opens when summons is served on the defendant, and it closes when issues are framed. The text speaks of "an applicant", so the application can be made by a plaintiff or by a defendant who wishes to end a claim or counterclaim early. The application must therefore come early. Case management hearings under Order XV-A, which include framing of issues, are explained in our article on case management hearings.
Rule 3: grounds for summary judgment
"The Court may give a summary judgement against a plaintiff or defendant on a claim if it considers that":
- (a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending the claim, as the case may be; and
- (b) there is no other compelling reason why the claim should not be disposed of before recording of oral evidence.
Both limbs must be met: the word "and" joins them. The text does not define "real prospect" or "compelling reason", and this article gives no case law. The test is the court's own consideration ("if it considers"), applied to the material before it.
The three Rules in a table
| Rule | Subject | Key words |
|---|---|---|
| 1(1) | What the Order does | Decide a claim without recording oral evidence |
| 1(2) | Meaning of "claim" | Part of a claim; a question on which it depends; a counterclaim |
| 1(3) | Exclusion | No application in a suit originally filed as a summary suit under Order XXXVII |
| 2 | Stage | After summons is served; not after issues are framed |
| 3 | Grounds | No real prospect; and no other compelling reason for a trial |
Who can use it
Either side. A plaintiff with a clear documentary claim, such as an unpaid invoice with an admitted delivery, can seek judgment against a defendant whose defence has no real prospect. A defendant facing a claim that is hopeless on the documents can seek judgment against the plaintiff. A defendant can also use it against a plaintiff on a counterclaim.
Where the rest of the Order is explained
Rule 4 (the content of the application and reply), Rule 5 (evidence for the hearing), Rules 6 and 7 (orders and conditional orders) and Rule 8 (costs) are covered in our articles on the application, reply and evidence and on orders, the conditional order and costs. Order XV-A Rule 6(1)(a) also lets the court, at a case management hearing and before issues are framed, hear and decide any pending application under Order XIII-A.
Practical points
- Timing. Prepare the application before issues are framed; there is no way back after that under the proviso to Rule 2.
- Choice of route. If a suit is filed as a summary suit under Order XXXVII, Rule 1(3) says summary judgment under this Order cannot be applied for. If you are the creditor, choose the route with this in mind.
- Part of a claim. Consider asking for judgment on the undisputed part of a claim, which Rule 1(2)(a) allows.
- Documents. The Order is designed to decide a claim without oral evidence, so documents carry the case. Disclosure under the new Order XI therefore matters.
Example. Harbour Imports Ltd sold goods to Zenith Retail Pvt Ltd on credit and holds signed delivery receipts. Zenith's written statement offers only a general denial. Harbour applies for summary judgment after summons has been served and before issues are framed, stating that Zenith has no real prospect of defending the claim and that no compelling reason requires a trial. If, instead, Harbour had filed its claim as a summary suit under Order XXXVII, Rule 1(3) would not have allowed this application.
Points to check in the text
- The Order is headed "Summary Judgement" in the copy consulted.
- Rule 1 sub-rule (2) runs on from sub-rule (1) in the print.
- "Real prospect" and "compelling reason" are not defined in the text.
- Order XXXVII is named only; the text does not describe it.
Need help considering summary judgment for a recovery claim?
Whether to seek summary judgment, and when, depends on your documents and the other side's defence. If you are weighing a money claim, see our recovery suit page.
Key takeaways
- Order XIII-A lets a court decide a claim in a commercial dispute without recording oral evidence.
- "Claim" includes part of a claim, a question on which it depends, and a counterclaim.
- No application is allowed in a suit originally filed as a summary suit under Order XXXVII.
- An application may be made after summons is served, not after issues are framed.
- The court may give summary judgment if there is no real prospect and no other compelling reason for a trial.
Read next
- Order XIII-A: summary judgment application, reply and evidence
- Order XIII-A: summary judgment orders, conditional order and costs
- Order XV-A: case management hearing and trial timeline
- Section 138: cheque bounce (dishonour of cheque)
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.