Commercial Suit Court Procedure

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PROCEEDINGS TIMELINE AMENDMENT TO CODE OF CIVIL

PROCEDURE, 1908
PART I
 A suit has to be filed within 03 years from the cause of action as per
The Limitation act, 1963.
 Plaintiff may seek leave to file additional documents within 30 days of

filing the Suit - Order XI (4) of CPC.
 Issue and service of summons – Order V of CPC.
 Written Statement/Counter-Claim by defendant
To be filed within 30 days and not later than 120 days from the date
of service of summons. - Order VIII Rule 1 of CPC.
 Inspection/Filing of Documents - Order XI (3) (1)
All parties to complete inspection of all documents disclosed within 30

days from the date of filing the Written Statement or Written
Statement to the Counter Claim whichever is later. The Court may
extend the time limit upon application at its discretion, but not
beyond 30 days in any event. (Therefore a maximum of 60 days)
 Statement of Admission/Denial of Documents - Order XI (4) (1)
To be completed within 15 days of completion of inspection or any

later date fixed by the Court.
 Case Management hearing - Order XV-A (1)

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Court shall hold first case management hearing not later than 4
weeks from the date of filing of Affidavit of admission or denial of
documents by all the parties to the suit.
Time limit for the completion of Trial - Order XV-A (3)
Framing of issues and conclusion of oral arguments. Court shall

ensure that arguments are closed not later than 6 months from the
date of the first case management meeting.
 Written Arguments - Order XVIII (Substitution in Rule 2 for Sub-Rules

(3A) TO (3F)
Party to submit written arguments 4 weeks prior to commencing oral

arguments.
 Judgment when pronounced – Order XX (Substitution for Rule 1).
Commercial Court, Commercial Division or Commercial Appellate

Division shall within 90 days of conclusion of arguments pronounce
judgment.
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PROCEEDINGS TIMELINE AMENDMENT TO CODE OF CIVIL

PROCEDURE, 1908
PART II
 Each party to submit a statement of admission or denial of documents

within 15 days of completion of inspection or any later date as fixed by
the Court [Order XI Rule 4(1)].
 Provisions of Order VIII Rule 1, Order VII Rule 14 and Order VII Rule
1A CPC shall not apply to suits or application before commercial
divisions of High Court or commercial Courts.
 The Court may decide a claim without recording oral evidence [Order
VIII-A Rule 1(1)].
 A party may apply for summary judgment at any time after the
summon has been served upon the Defendant taking into account the
amendment made to Order XIII-A Rule 2 CPC.
 Amendment to CPC to bring in fresh procedure for dispute resolution

by holding management hearings.
 Courts to hold first case management hearing not later than 4 weeks
from date of filing of affidavit of admission or denial by all parties to
the suit [Order XV-A Rule 1].
 Courts to ensure that all arguments are closed not later than 6
months from the date for the first case management hearing [Order
XV –A Rule 3].
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 Recording of evidence to be carried out on a day to day basis until

crosss examination of all the witnesses is complete [Order XV-A Rule
4].
 Stringent provision to the effect that case management hearing shall

not be adjourned for the sole reason that advocate appearing on
behalf of a party is not present [Order XV-A Rule 7] subject to
application for adjournment of hearing being moved in advance and
the court adjourning the matter on such an application upon payment
of such cost as the court deems fit.
 Party to file written arguments four weeks prior to commencing oral

arguments [Order XVIII Sub-Rule 3A].
 Commercial Court, Commercial Division or Commercial Appellate

Division shall within 90 days of conclusion of arguments pronounce
judgment [Order XX (Substitution for Rule 1)].
 Provisions of Section 8 of the Act provide that no Civil Revision

Application or Petition shall be entertained against any interlocutory
order passed by the commercial court including an order on the issue
of jurisdiction and any such challenge shall be raised only in an
appeal against the decree of the commercial court.
 An appeal against any decision of the commercial court or commercial

division is to be filed before the Commercial Appellate Division of the
High Court within 60 days from the date of judgment of order.
 The Commercial Appellate Division shall endeavour to dispose of the

appeals filed before it within a period of 6 months from the date of
filing of such an appeal.
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 No suit where the final judgment has been reserved shall be

transferred to the commercial court/commercial division.
 Inspection of documents (Order XI Rule 3(1)) disclosed by the parties

to be completed within 30 days of filing the Written Statement to the
Counter Claim whichever is later. The court may extend this time limit
by a maximum of 30 days but not beyond.
WRITTEN STATEMENT
 To be filed within 30 days and not later than 120 days from the date
of service of summons. (120 days)
 2. Parties to complete inspection of documents within 30 days from

the date of filing the Written Statement or Written Statement to the
Counter Claim whichever is later. The Court may extend the time limit
upon application at its discretion, but not beyond 30 days in any
event. (Therefore a maximum of 60 days) (150 days)
 Admission/denial to be completed within 15 days of completion of

inspection or any later date fixed by the Court.
 Court shall hold first case management hearing not later than 4
weeks from the date of filing of Affidavit of admission or denial of
documents by all the parties to the suit

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PROCEEDINGS TIMELINE AMENDMENT TO CODE OF CIVIL

 Plaintiff may seek leave to file additional documents within 30 days of

 Issue and service of summons – Order V of CPC.

 Written Statement/Counter-Claim by defendant

 Inspection/Filing of Documents - Order XI (3) (1)

All parties to complete inspection of all documents disclosed within 30

 Statement of Admission/Denial of Documents - Order XI (4) (1)

To be completed within 15 days of completion of inspection or any

 Case Management hearing - Order XV-A (1)

Time limit for the completion of Trial - Order XV-A (3)

Framing of issues and conclusion of oral arguments. Court shall

 Written Arguments - Order XVIII (Substitution in Rule 2 for Sub-Rules

Party to submit written arguments 4 weeks prior to commencing oral

 Judgment when pronounced – Order XX (Substitution for Rule 1).

Commercial Court, Commercial Division or Commercial Appellate

PROCEEDINGS TIMELINE AMENDMENT TO CODE OF CIVIL

 Each party to submit a statement of admission or denial of documents

 Amendment to CPC to bring in fresh procedure for dispute resolution

 Recording of evidence to be carried out on a day to day basis until

 Stringent provision to the effect that case management hearing shall

 Party to file written arguments four weeks prior to commencing oral

 Commercial Court, Commercial Division or Commercial Appellate

 Provisions of Section 8 of the Act provide that no Civil Revision

 An appeal against any decision of the commercial court or commercial

 The Commercial Appellate Division shall endeavour to dispose of the

 No suit where the final judgment has been reserved shall be

 Inspection of documents (Order XI Rule 3(1)) disclosed by the parties

 2. Parties to complete inspection of documents within 30 days from

 Admission/denial to be completed within 15 days of completion of

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