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.
Two paragraphs of the Schedule amend Order XVIII of the Code of Civil Procedure, 1908 for commercial suits. Paragraph 8 substitutes sub-rules (3A) to (3F) of Rule 2, which make written arguments mandatory, due within four weeks before oral arguments begin. Paragraph 9 inserts sub-rules (1A) to (1C) in Rule 4, which require every witness's affidavit of evidence to be filed together at the time fixed at the first Case Management Hearing. This article reads both as amended up to 3 May 2018, as per the text consulted, for parties planning a commercial suit filing. Both paragraphs are headed "Amendment of Order XVIII". The Schedule prints "judgements"; this series writes "judgments".
A party shall submit concise written arguments under distinct headings within four weeks prior to commencing oral arguments; they form part of the record and must be furnished to the opposite party simultaneously. Revised written arguments are allowed for not more than one week after arguments conclude, if the court permits. Affidavits of evidence of all witnesses are filed simultaneously at the time directed in the first Case Management Hearing; additional affidavits need sufficient cause and a reasoned order.
Paragraph 8: Order XVIII Rule 2, sub-rules (3A) to (3F)
The paragraph says that in Rule 2 of Order XVIII, "for sub-rules (3A), (3B), (3C), (3D), (3E) and (3F), the following shall be substituted".
| Sub-rule | What it says |
|---|---|
| (3A) | A party shall, within four weeks prior to commencing the oral arguments, submit concisely and under distinct headings written arguments in support of his case to the Court, and the written arguments shall form part of the record |
| (3B) | The written arguments shall clearly indicate the provisions of the laws being cited and the citations of judgments relied upon, and include copies of those judgments |
| (3C) | A copy of the written arguments shall be furnished simultaneously to the opposite party |
| (3D) | The Court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised written arguments within not more than one week after the date of conclusion of arguments |
| (3E) | No adjournment shall be granted for the purpose of filing written arguments unless the Court, for reasons to be recorded in writing, considers it necessary |
| (3F) | The Court may limit the time for oral submissions having regard to the nature and complexity of the matter |
How the sub-rules work together
- Timing (3A). The four weeks are counted back from the start of oral arguments. If oral arguments start on a fixed date, the written arguments are due four weeks before it.
- Content (3B). The argument must name the statutory provisions and the judgments relied upon and attach copies. A party cannot cite a decision without supplying it. The text asks for citations but this article gives none.
- Exchange (3C). The opposite party gets a copy at the same time as the Court.
- Revision (3D). After arguments end, the Court may allow revised written arguments within one week at most. The permission is at the Court's discretion ("if it deems fit").
- No easy adjournments (3E). An adjournment for filing written arguments needs written reasons.
- Time limits (3F). The Court can limit oral submissions by the nature and complexity of the matter. This ties in with Order XV-A Rule 2(g), which lets the court set time limits for advocates at a case management hearing; see our article on case management hearings.
Paragraph 9: Order XVIII Rule 4, sub-rules (1A) to (1C)
The paragraph inserts three sub-rules after sub-rule (1) of Rule 4.
| Sub-rule | What it says |
|---|---|
| (1A) | The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party shall be filed simultaneously by that party at the time directed in the first Case Management Hearing |
| (1B) | A party shall not lead additional evidence by the affidavit of any witness (including a witness who has already filed an affidavit) unless sufficient cause is made out in an application and an order, giving reasons, permitting the additional affidavit is passed by the Court |
| (1C) | A party has the right to withdraw any affidavit filed at any time prior to commencement of cross-examination of that witness, without any adverse inference being drawn based on the withdrawal |
Proviso to (1C). "Provided that any other party shall be entitled to tender as evidence and rely upon any admission made in such withdrawn affidavit."
What this means in practice
- One filing day. Under (1A), all of a party's witnesses file affidavits together at the time set at the first Case Management Hearing, as fixed under Order XV-A Rule 2(c); see our article on Order XV-A Rules 1 to 5.
- No second bite without cause. Additional affidavits need an application showing sufficient cause and a reasoned order (1B). This applies even to a witness who has already filed.
- Withdrawal is allowed, but it does not erase the affidavit. A party may withdraw an affidavit before cross-examination begins, and no adverse inference is drawn from the withdrawal (1C). But under the proviso, any other party may still rely on an admission made in the withdrawn affidavit. A careless affidavit therefore stays dangerous even if withdrawn.
The format of affidavits
What an affidavit of evidence must look like is dealt with by the Schedule's Order XIX Rule 6, covered in our article on Order XIX and Order XX. Under Order XV-A Rule 6(1)(m) and (n), the court can reject or strike off parts of an affidavit of evidence with irrelevant, inadmissible or argumentative material. For the general idea of an affidavit, see our guide to affidavits, which describes the general rule, not the commercial-suit version.
The timeline from filing to judgment
| Stage | Source | Marker |
|---|---|---|
| First Case Management Hearing fixes the date for affidavits of evidence | Order XV-A Rule 2(c) | At the hearing |
| All affidavits of evidence filed together | Order XVIII Rule 4(1A) | At the time directed |
| Written arguments filed | Order XVIII Rule 2(3A) | Within four weeks prior to commencing oral arguments |
| Revised written arguments | Rule 2(3D) | Not more than one week after conclusion of arguments, if permitted |
| Judgment | Order XX Rule 1 | Within ninety days of the conclusion of arguments |
Practical tips
- Draft the written argument early, since four weeks before oral arguments can arrive soon after evidence closes.
- Build a short table of provisions and judgments, and attach copies of every judgment cited.
- Serve the opposite party on the same day.
- Decide the list of witnesses before the first Case Management Hearing, so that all affidavits can be filed together.
- Think before withdrawing an affidavit: the other side may use an admission in it.
Example. Sahyadri Chemicals Ltd and its customer are told at the first Case Management Hearing that affidavits of evidence are due on a fixed date. Sahyadri files affidavits for all four witnesses on that date. Later it finds it omitted a technical point and applies to file an additional affidavit, showing sufficient cause. The court allows it by a reasoned order. Four weeks before oral arguments, both sides file written arguments under distinct headings with copies of the judgments cited and exchange them the same day.
Points to check in the text
- Paragraphs 8 and 9 are both headed "Amendment of Order XVIII".
- The Schedule prints "judgements"; this series writes "judgments".
- The text does not say what happens if written arguments are not filed within the four weeks, apart from the powers in Order XV-A Rule 8.
Need help with written arguments and affidavits of evidence?
Both documents have fixed timing and content rules. If you want your evidence and arguments prepared to the timetable of a commercial suit, see our commercial suit filing page.
Key takeaways
- Written arguments are due within four weeks prior to commencing oral arguments, concise and under distinct headings, and form part of the record.
- Arguments must cite the provisions and judgments relied on and attach copies, and be furnished to the other side simultaneously.
- Revised written arguments are allowed for not more than one week after conclusion of arguments, at the Court's discretion.
- All affidavits of evidence are filed together at the time fixed at the first Case Management Hearing.
- Additional affidavits need sufficient cause and a reasoned order; withdrawal is allowed before cross-examination, but admissions can still be used.
Read next
- Order XV-A: case management hearing and trial timeline
- Order XV-A: powers of the court, adjournment and non-compliance
- Order XIX and Order XX: evidence, affidavits and judgment in ninety days
- Affidavit: definition, types, format and legal requirements
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.