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 6 to 8 of Order XV-A give the court its toolkit at a case management hearing and spell out what happens if parties do not comply. Rule 6 lists eighteen powers, from hearing summary judgment applications to ordering a costs budget. Rule 7 restricts adjournments for an absent advocate. Rule 8 lets the court condone non-compliance on costs, foreclose rights, or even dismiss the plaint or allow the suit. This article reads Rule 6(1)(a) to (r), 6(2), 6(3), 7(1), 7(2) and 8(a) to (c) as amended up to 3 May 2018, as per the text consulted, for parties facing a commercial suit filing timetable. The Schedule prints "judgement" in clause (k) of Rule 6(1); this series writes "judgment".
At any Case Management Hearing the court may, among other things, hear pending summary judgment applications, extend or shorten time, consolidate proceedings, strike out irrelevant evidence, direct separate trials, appoint commissions and order a costs budget. It may attach conditions to its orders and specify the consequences of failure. It shall not adjourn merely because an advocate is absent, and for non-compliance it may condone on costs, foreclose a party's rights or, where non-compliance is wilful and repeated, dismiss the plaint or allow the suit.
Rule 6(1): the eighteen powers
"In any Case Management Hearing held under this Order, the Court shall have the power to":
| Clause | Power |
|---|---|
| (a) | Prior to framing of issues, hear and decide any pending application under Order XIII-A |
| (b) | Direct parties to file compilations of documents or pleadings relevant and necessary for framing issues |
| (c) | Extend or shorten the time for compliance with any practice, direction or Court order if there is sufficient reason |
| (d) | Adjourn or bring forward a hearing if there is sufficient reason |
| (e) | Direct a party to attend the Court for examination under Rule 2 of Order X |
| (f) | Consolidate proceedings |
| (g) | Strike off the name of any witness or evidence deemed irrelevant to the issues framed |
| (h) | Direct a separate trial of any issue |
| (i) | Decide the order in which issues are to be tried |
| (j) | Exclude an issue from consideration |
| (k) | Dismiss or give judgment on a claim after a decision on a preliminary issue |
| (l) | Direct that evidence be recorded by a Commission where necessary in accordance with Order XXVI |
| (m) | Reject any affidavit of evidence containing irrelevant, inadmissible or argumentative material |
| (n) | Strike off any parts of an affidavit of evidence containing such material |
| (o) | Delegate the recording of evidence to an authority appointed by the Court |
| (p) | Pass any order relating to monitoring of recording of evidence by a commission or other authority |
| (q) | Order any party to file and exchange a costs budget |
| (r) | Issue directions or pass any order for managing the case and furthering the overriding objective of ensuring the efficient disposal of the suit |
Order X Rule 2 and Order XXVI are named as printed; the source does not describe them.
Reading the powers in groups
- Timetable control: (c), (d). Time can be extended or shortened and hearings adjourned or advanced, each only on sufficient reason.
- Narrowing the case: (a), (b), (h), (i), (j), (k). Summary judgment applications, compilations, separate trials, order of issues, exclusion of issues and judgment after a preliminary issue.
- Controlling evidence: (g), (l), (m), (n), (o), (p). Irrelevant witnesses and affidavit material can be struck off, and evidence can go to a commission or another authority. Our article on Order XIX and Order XX covers the Schedule's rules on affidavits.
- Managing parties and costs: (e), (f), (q), (r). Attendance for examination, consolidation, a costs budget and general directions.
The residual power in clause (r) refers to "the overriding objective of ensuring the efficient disposal of the suit". The text does not define the phrase further.
Rule 6(2): conditions and consequences
"When the Court passes an order in exercise of its powers under this Order, it may: (a) make it subject to conditions, including a condition to pay a sum of money into Court; and (b) specify the consequence of failure to comply with the order or a condition." So every order can carry a condition and a stated consequence.
Rule 6(3): parties present for settlement
"While fixing the date for a Case Management Hearing, the Court may direct that the parties also be present for such Case Management Hearing, if it is of the view that there is a possibility of settlement between the parties."
Rule 7: adjournment of the Case Management Hearing
Sub-rule (1). "The Court shall not adjourn the Case Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present." The proviso, printed running on in the copy consulted, says that if an adjournment "is sought in advance by moving an application, the Court may adjourn the hearing to another date upon the payment of such costs as the Court deems fit, by the party moving such application."
Sub-rule (2). "Notwithstanding anything contained in this Rule, if the Court is satisfied that there is a justified reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and conditions it deems fit."
So an advocate's absence alone is not a ground. An application made in advance may succeed on costs; and a justified reason, accepted by the court, allows adjournment on terms.
Rule 8: consequences of non-compliance
"Where any party fails to comply with the order of the Court passed in a Case Management Hearing, the Court shall have the power to":
| Clause | Consequence |
|---|---|
| (a) | Condone the non-compliance by payment of costs to the Court |
| (b) | Foreclose the non-compliant party's right to file affidavits, conduct cross-examination of witnesses, file written submissions, address oral arguments or make further arguments in the trial, as the case may be |
| (c) | Dismiss the plaint or allow the suit where the non-compliance is wilful, repeated and the imposition of costs is not adequate to ensure compliance |
The ladder is clear from the wording: costs first (a), then foreclosure of particular rights (b), and the most serious consequence, dismissal of the plaint or allowing of the suit, only where non-compliance is wilful, repeated and costs are not adequate (c). The text does not say how many times counts as "repeated". For the general costs rule, see our article on costs in commercial suits.
Summary of the three Rules
| Rule | Subject | Key point |
|---|---|---|
| 6(1) | Powers | Eighteen powers, (a) to (r), including costs budget |
| 6(2) | Conditions | Conditions, including payment of money into Court, and stated consequence of failure |
| 6(3) | Settlement | Parties may be directed to be present if a settlement is possible |
| 7 | Adjournment | Not for absence of the advocate alone; costs if sought in advance; justified reason |
| 8 | Non-compliance | Condone on costs; foreclose rights; dismiss plaint or allow suit if wilful and repeated |
What parties should do
- Treat every date fixed at a Case Management Hearing as binding, because Rule 8 attaches consequences to default.
- If you need more time, apply in advance, and expect to pay costs under Rule 7(1).
- Make sure the advocate attends; absence alone will not secure an adjournment.
- File affidavits of evidence that stick to relevant facts; clauses (m) and (n) allow rejection or striking off of irrelevant, inadmissible or argumentative material.
- Be ready with a costs budget if the court orders one under clause (q).
Example. At a Case Management Hearing the court directs Vimal Engineering Ltd to file affidavits of evidence within three weeks. Vimal files late and without explanation. The court condones the delay on payment of costs (Rule 8(a)). At the next hearing Vimal again misses a date. The court may foreclose its right to file affidavits (Rule 8(b)); if non-compliance became wilful and repeated and costs were no deterrent, the court could dismiss the plaint (Rule 8(c)).
Points to check in the text
- The proviso to Rule 7(1) is printed running on from the sub-rule.
- Rule 6(1)(k) prints "judgement"; this series writes "judgment".
- The text does not say how a costs budget is to be prepared.
Need help meeting case management orders?
Dates fixed at a Case Management Hearing carry real consequences. If you want help preparing for the timetable of a commercial suit, see our commercial suit filing page.
Key takeaways
- Rule 6 gives the court eighteen powers at a Case Management Hearing, including a costs budget.
- Orders can carry conditions and stated consequences of failure.
- A hearing is not adjourned merely because the advocate is absent; advance applications attract costs.
- Non-compliance can be condoned on costs, lead to foreclosure of rights, or, if wilful and repeated, lead to dismissal of the plaint or allowing of the suit.
Read next
- Order XV-A: case management hearing and trial timeline
- Order XIII-A: summary judgment orders, conditional order and costs
- Order XVIII: written arguments and affidavits of evidence
- Inherent powers of court: section 151 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.