JUDGMENT :

A. Pasayat, J. - Since a dispute was raised about maintainability of the appeal without deposit of the amount disputed in appeal or furnishing of security in respect thereof subject to direction of the Court, and it is of seminal importance, the matter was heard at length.

2. The appeal is directed against an order passed by the learned District Judge, Sundargarh on an application filed by the Orissa State Financial Corporation (hereinafter referred to as 'the Corporation' u/s 31 of the State Financial Corporations Act, 1951 (Act 63 of 1951) (hsreinafter referred to as 'the Act')- The appeal has been filed u/s 32(9) of the Act.

3. According to Mr. M. M. Sahu, learned counsel appearing for the Corporation, the appeal was against a decree for payment of money and therefore, in terms of Order 41, Rule 1, Sub-rule (3) of the Code of Civil Procedure, 1908 (in shourt the Code') deposit of the amount in dispute or furnishing of security thereagainst as directed by the Court is obligated. Mr. N. Patra, learned counsel for the appellants, however, submits that the order passed by the learned District Judge does not amount to a decree for payment of money and therefore, the question