BADAR DURREZ AHMED, J.

1. This appeal is directed against the order dated 20.12.2016 passed by a learned Single Judge of this court in I.A. No.15867/2016 in CS (Comm) 1218/2016. The said application was filed by the plaintiffs, inter alia, praying that new documents filed alongwith the affidavits by way of examination-in-chief of new witnesses of the plaintiffs be taken on record. The learned single Judge permitted the said documents to be taken on record, subject to the plaintiffs/respondents herein paying costs. The appellants are aggrieved by this order.

2. At the commencement of the hearing of this appeal, the respondents took a preliminary objection as to its maintainability. It was contended that the impugned order was not an appealable order specified in Order XLIII of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the CPC’). It was further contended that this being an order passed by the Commercial Division of this High Court, an appeal therefrom was governed by Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as ‘the said Act’). It was contended that the prov