Chagla, C.J.

1. The applt. before us obtained a money decree in the Joint Second Class Subordinate Judges Ct. at Sholapur. This decree was transferred to the Ct. of Nyayadhish, Akalkot. The darkhast for the execution of the decree was presented on 9-6-1945, it was dismissed by the Dist. J. at Akalkot, It is from that order that this appeal is preferred.

2. The J. D. was a foreigner quae the Ct. at Sholapur which passed the decree, his contention was that as he had not submitted to the jurisdiction of that Ct. the Sholapur Ct. was not a competent Ct. as far as Akalkot was concerned therefore the Akalkot Ct. could not execute a foreign judgment within the meaning of Section 13 Civil P.C. This contention was upheld by the Dist. J. Akalkot. Mr. Chitale before us controverts both the findings of the Ct. below.

3. His first contention is that inasmuch as Akalkot has now merged with the State of Bombay the J. D. is no longer a foreigner quae the Sholapur Ct. therefore the Sholapur Ct. which passed the decree was a competent Ct. there is no bar against the execution of the decree under Section 13 his second contention is that the J. D. submitted to the jurisdiction of the