6.5 Enforcement of Foreign Judgments in Nepal

The Nepali frame (the functional describe): the Muluki Civil Procedure Code 2074's regime — the foreign judgments' execution machinery (the Code's foreign-judgment provisions (the recognition-and-execution's conditions: the foreign court's jurisdiction, the finality, the natural justice, the reciprocity-type faces — the Code's own scheme (the precise conditions in the Code's text (never invented here)))); the courts' practice (the foreign decrees' enforcement cases (the Indian decrees' practice — the open-border litigation's reality)); the treaty faces (the absence of the general enforcement treaties — the domestic statute's route); the honest audit (the Nepali machinery's modernity (the 2074 Code's consolidation) + the practice's thinness (the case-law's development awaited)). Exam Focus Long questions: (i) The recognition-vs-enforcement distinction (with the machinery's modes — the banker); (ii) The limitations' catalogue (the defences' full list). Short questions: the recognition's passive face; the natural-justice bar; the reciprocity; the Nepali Code's route. Trick areas: (i) RECOGNITION = the acknowledgment (the status, the res judicata); ENFORCEMENT = the execution (the money, the coercion) — the pair's division; (ii) The foreign judgment's challenge tests the FOREIGN court's INTERNATIONAL jurisdiction (its own domestic view insufficient); (iii) The penal-and-revenue judgments NEVER enforced (the absolute bar — beside the public policy's relative bar); (iv) Nepal's machinery: the Muluki Civil Procedure Code 2074's provisions (the statute-first citation).