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.
Paragraph 10 of the Schedule inserts three Rules in Order XIX of the Code of Civil Procedure, 1908: the court may control evidence (Rule 4), may redact or reject an affidavit of examination-in-chief (Rule 5), and affidavits must follow a set format (Rule 6). Paragraph 11 substitutes Rule 1 of Order XX, which requires judgment within ninety days of the conclusion of arguments, with copies issued to all parties by electronic mail or otherwise. This article reads both paragraphs as amended up to 3 May 2018, as per the text consulted, for parties planning a commercial suit filing. The Schedule prints "judgement"; this series writes "judgment".
The court may by directions regulate the evidence it requires on issues and exclude evidence for reasons recorded in writing. It may redact or reject an affidavit of examination-in-chief that does not constitute evidence. An affidavit must be chronological, divided into numbered paragraphs, and state which matters are from knowledge and which from information or belief. The Commercial Court, Commercial Appellate Court, Commercial Division or Commercial Appellate Division shall pronounce judgment within ninety days of the conclusion of arguments.
Paragraph 10: Order XIX, Rules 4, 5 and 6
Paragraph 10 says that in Order XIX of the Code, "after Rule 3, the following Rules shall be inserted". In the copy consulted the closing quotation mark falls after new Rule 4, and Rules 5 and 6 are printed after it. All three are read as inserted.
Rule 4: Court may control evidence
- Sub-rule (1). "The Court may, by directions, regulate the evidence as to issues on which it requires evidence and the manner in which such evidence may be placed before the Court."
- Sub-rule (2). "The Court may, in its discretion and for reasons to be recorded in writing, exclude evidence that would otherwise be produced by the parties."
So the court can say on which issues it wants evidence and how it should be given, and can exclude evidence, but must give written reasons for exclusion. This matches the case management powers in Order XV-A, such as striking off witnesses or evidence irrelevant to the issues; see our article on powers of the court.
Rule 5: Redacting or rejecting evidence
"A Court may, in its discretion, for reasons to be recorded in writing: (i) redact or order the redaction of such portions of the affidavit of examination-in-chief as do not, in its view, constitute evidence; or (ii) return or reject an affidavit of examination-in-chief as not constituting admissible evidence."
The court has a middle path (redaction of parts) and a strong path (return or rejection of the whole), both with written reasons.
Rule 6: Format and guidelines of affidavit of evidence
"An affidavit must comply with the form and requirements set forth below":
| Clause | Requirement |
|---|---|
| (a) | Confined to, and following the chronological sequence of, the dates and events relevant for proving any fact or matter dealt with |
| (b) | Where the Court thinks an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party's case, the Court may by order strike out the affidavit or such parts as it deems fit |
| (c) | Each paragraph confined, as far as possible, to a distinct portion of the subject |
| (d) | State (i) which statements are from the deponent's own knowledge and which are matters of information or belief; and (ii) the source for any matters of information or belief |
| (e) | (i) Pages numbered consecutively as a separate document (or as one of several documents in a file); (ii) divided into numbered paragraphs; (iii) all numbers, including dates, in figures; (iv) where documents referred to are annexed, the annexures and page numbers relied on |
Clause (b) is notable: an affidavit that merely copies the pleading, or argues the law, can be struck out. The affidavit of evidence is to prove facts, not to argue. The filing of affidavits is covered in our article on Order XVIII. For the general idea of an affidavit, see our guide to affidavits, which describes the general rule and not the commercial-suit version.
Paragraph 11: Order XX Rule 1, judgment within ninety days
Paragraph 11 says that in Order XX of the Code, "for Rule 1, the following Rule shall be substituted". The Rule is printed with the number "(1)": "The Commercial Court, Commercial Appellate Court*, Commercial Division, or Commercial Appellate Division, as the case may be, shall, within ninety days of the conclusion of arguments, pronounce judgement and copies thereof shall be issued to all the parties to the dispute through electronic mail or otherwise."
What the Rule says
- Who. The Commercial Court, Commercial Appellate Court, Commercial Division or Commercial Appellate Division, as the case may be. The asterisk after "Commercial Appellate Court" marks the words as amended in 2018.
- When. Within ninety days of the conclusion of arguments.
- What. Pronounce judgment.
- Copies. To be issued to all parties "through electronic mail or otherwise".
The ninety days run from the conclusion of arguments, not from filing. They sit after the six-month limit for closing arguments in Order XV-A Rule 3; see our article on the trial timeline. The text gives no consequence if the period is exceeded and describes no remedy.
The two paragraphs together
| Provision | Subject | Key point |
|---|---|---|
| Order XIX Rule 4(1) | Regulating evidence | Directions on issues needing evidence and the manner of placing it |
| Order XIX Rule 4(2) | Excluding evidence | Discretion; reasons in writing |
| Order XIX Rule 5 | Affidavit of examination-in-chief | Redact portions or return or reject; reasons in writing |
| Order XIX Rule 6 | Format | Chronological, numbered paragraphs and pages, knowledge versus information or belief, annexure references |
| Order XX Rule 1 | Judgment | Within ninety days of the conclusion of arguments; copies by e-mail or otherwise |
What this means for a business
- Prepare witnesses to speak to facts. Affidavits that read like pleadings or legal submissions can be struck out under Rule 6(b).
- Separate knowledge from belief. Clause (d) requires each statement to be identified as own knowledge or information or belief, with the source.
- Number pages and paragraphs, and use figures for dates. Clause (e) is simple but easy to miss.
- Expect judgment on a clock. Ninety days from the end of arguments is the target for the court; keep your contact e-mail address on the record, since copies go "through electronic mail or otherwise".
Example. Ashoka Pumps Ltd's witness affidavit runs to forty pages, repeating its plaint and arguing the law. The court may strike out the affidavit or parts of it under Rule 6(b) or redact portions that are not evidence under Rule 5(i). Ashoka re-files a chronological affidavit with numbered pages and paragraphs, marking which statements are from the witness's own knowledge and which are information or belief with their source. After arguments close, the Commercial Court must pronounce judgment within ninety days and send copies to the parties by e-mail or otherwise.
Points to check in the text
- The closing quotation mark of paragraph 10 falls after Rule 4; Rules 5 and 6 are read as inserted.
- Order XX Rule 1 is printed as "(1)" and carries an asterisk after "Commercial Appellate Court".
- The Schedule prints "judgement"; this series writes "judgment".
- The text states no consequence for a judgment delivered after ninety days.
Need help with affidavits of evidence for a commercial trial?
A badly drafted affidavit of evidence can be struck out or redacted. If you want your witness evidence prepared in the format the Schedule requires, see our commercial suit filing page.
Key takeaways
- The court may regulate evidence by directions and exclude evidence for reasons recorded in writing.
- It may redact, return or reject an affidavit of examination-in-chief that is not evidence.
- Affidavits must be chronological, in numbered paragraphs and pages, with knowledge and information or belief identified.
- An affidavit that only copies the pleadings or argues the law may be struck out.
- Judgment is to be pronounced within ninety days of the conclusion of arguments, with copies by electronic mail or otherwise.
Read next
- Order XVIII: written arguments and affidavits of evidence
- Order XV-A: powers of the court, adjournment and non-compliance
- Section 16: amendments to the Code of Civil Procedure
- 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.