JUDGMENT :

Dr. A.K. Rath, J.

1. This petition challenges the order dated 18.3.2017 passed by the learned District Judge, Sambalpur in RFA No.04 of 2016. By the said order, learned District Judge rejected the application dated 14.3.2016 of the respondent-petitioner to dismiss the appeal for nonpayment of court fees.

2. Shorn of unnecessary details, the short facts of the case are that the petitioner as plaintiff instituted C.S. No.26 of 2008 in the court of the learned Civil Judge (Senior Division), Sambalpur for a decree of Rs.27,77,889/- impleading the opposite parties as defendants. The suit was decreed. Assailing the judgment and decree, the defendants filed RFA No.04 of 2016 before the learned District Judge. Since there was delay in filing the appeal, an application under Section 5 of the Limitation Act was filed. The respondents-opposite parties also filed an application seeking time to pay court fees. While the matter stood thus, the appellant-petitioner filed an application on 14.3.2016 to dismiss the appeal for non-payment of court fees. It is stated that an amount of Rs.99,584.25/- was payable towards court fees. The appeal was filed beyond the prescribed period of limitation and without payment of court fees. There was inordinate delay in payment of court fees. Learned appellate court assigned the following reasons and condoned the delay;

“…… The present case also involves realization of a huge sum of Rs.27,77,889/- with 9% interest per annum from the date of filing of suit till realization. The office of appellant No.4 situates in the district of Keonjhar and the office of appellant No.2 situates at Khurdha and the office of appellant No.3 which is the Superintending Engineer situates at Sambalpur. This is an appeal filed by the Government in which the offices of the authorities are situated at different places of the State. Nothing is shown to conclude that there was any intentional delay on behalf of the appellants to file the appeal or to deposit the deficit court fee. When such case involves realization of a huge sum of money of the Government which is public money amounting to more than Rs.27 lakhs, in my considered opinion, for the ends of justice the delay should be condoned u/s.5 Limitation Act and deficit court fee should be accepted u/s. 149 CPC.”

3. Mr. Kalyan Patnaik, learned counsel for the petitioner submitted that there was delay of 335 days in presenting the appeal. An amount of Rs.99,584.25/- was payable towards court fees. No proper application was filed seeking time to file court fees. Successive applications were filed seeking time to pay court fees. The reasons assigned in the application for condonation of delay do not constitute sufficient cause. Learned appellate court has not considered the matter in its proper perspective and condoned the delay in filing the appeal.

4. Per contra, Mr. P.C Panda, learned Addl. Government Advocate, submitted that an amount of Rs.99,584.25/- was payable towards court fees. After the judgment and decree, the G.P., Sambalpur applied certified copy of the judgment on 1.12.2014. He sent the judgment and decree on 6.1.2015 to defendant no.4 with his opinion. The same was received on 19.1.2015 where after the defendant no.4 forwarded the same to defendant no.2 on 5.2.2015. Defendant no.2 submitted the same to the Government on 16.2.2015. Since the Government wanted some relevant documents, on 4.3.2015 the G.P applied certified copy of the documents. On 19.3.2015, the same was supplied to the defendant no.4. Thereafter, the matter was referred to the Law Department. On 16.6.2015, the Government took a decision to file appeal before this Court. On 8.7.2015 all the papers were submitted to the office of the Advocate General who furnished opinion that the appeal should be filed before the learned court below. The documents were returned to defendant no.4. After taking necessary instruction from the Government, the appeal along with an application under Section 5 of the Limit