Stonbose, C J—A preliminary objection is raised here which must, we think, fail. The appeal arises out of proceedings in execution of a decree obtained in the Court of the Additional District Judge, Wardha, upon a mortgage executed by the judgment-debtor in favour of the decree-holder. The mortgage comprised property situate in Wardha in the Central Provinces and also property situate in Yeotmal in Berar. The suit was brought in the Wardha Court and the decree was against both sets of property. It was for foreclosure. After the decree-holder had obtained possession of the Wardha estate the decree was transferred to the Court of the Additional District Judge at Yeotmal for execution in respect of the Yeotmal property. The judgment-debtor thereupon raised an objection and contended that the decree was a nullity in so far as it affected the Berar property because Berar was foreign territory and so no Court in British India had jurisdiction to entertain a suit in respect of property situate there. The objection was allowed by the Yeotmal Court and execution refused, so the decree-holder has appealed here. At the same time, in order to have two strings to his bow, he has also in