( 1 ) ON 12-4-1950, the French Court at Chandernagore passed a decree in favour of the petitioner Sachindra Nath Das against the opposite party Lilaboti Dass. This decree was notified to the opposite party presumably under Article 158, French Civil P. C. , on 3-8-1950 and the opposite party filed her opposition to the decree on 30-8-1950, in the Court of the Subordinate Judge, Chandernagore which succeeded the French Court. This opposition was registered as Suit No. 38 of 1950 of the Court of the Subordinate Judge. Chandernagore. As the result of the trial, the learned Subordinate Judge came to the conclusion that there was no reason for setting aside the decree and dismissed the suit. Against that decree Lilaboti Das filed an appeal to the District Judge of Chandernagoro. The learned District Judge has held that Order 9, Rule 13, Indian Civil P. C. , docs not apply to the case which should be governed by Article 158. , French Civil P. C. He has accordingly allowed the appeal and remanded the suit to the trial Court for decision under Article 158, French Civil P. C. Against that decision, Sachin- dra Nath Das in whose favour the decree was passed has obtained this Rule