8.4 Nepalese Practices on Recognition and Enforcement of Foreign Judgment

8.4.1 Procedure for Recognition and Enforcement 1. The statutory-frame (the 2074's-codification): the Civil-Code-2074's-foreign-judgment- provisions (the conditions'-list (the competent-foreign-court (the finality (the Nepal's-non- contrary (the essentials'-requirement)))); the fresh-suit-method (the judgment-as-the-cause (the action-on-the-judgment (the Nepal-court's-own-decree (the execution's-own-machinery (the no-direct-registration (the Minadevi-era's-practice's-continuation (the codified)))))))); the procedure's (the ordinary-civil-suit (the CPC's-filing (the foreign-judgment's-pleading (the proof's (the certified-copy (the authentication's (the LAW5601-U's)))))); the time's (the limitation's (the fresh-clock's)); 2. The treaty's-absence: the no-judgments-treaty (the bilateral's-void (the Hague-2019's-non- party (the reciprocity's-unstructured))); the India's-practical (the open-border's-volume (the divorce's-and-the-family's (the Minadevi-to-the-Sabina's-line))). 8.4.2 Grounds for Recognition and Enforcement and Defense for Non-Recognition and Non-Enforcement 1. The grounds'-Nepal: the Code's-conditions (the competent-court (the final (the natural- justice (the no-Nepal-contrary)))); the practice's-confirmation (the case-law's (the recognition's- granted-where (the conditions-met))); 2. The defenses'-Nepal: the public-policy's (the Nepal's-fundamental (the bigamy's-and-the- family's-faces (the fraud's))); the jurisdiction's-challenge (the foreign-exorbitant's); the fraud's- and-the-notice's-absence; the fresh-suit's-defenses (the ordinary-civil's (the judgment's-attack- room (the re-examination's-limited (the merits'-not-reopened (the conditions-only))))); 3. The special-faces: the matrimonial-line (the foreign-divorce's-recognition (the Minadevi-and- Umadevi's-2029-era (the Indian-decrees' (the Nepal-spouses'-re-marriage's-effect)); the maintenance's-and-the-custody's (the welfare's-and-the-enforcement's (the U5's))); the commercial's (the Hanil Engineering & Construction Co. Ltd. v. Appellate Court Patan (2075), 60 NKP, D.N. 10138 — the cross-border-commercial-jurisdiction's-face (read the decision for the precise facts-and-holdings)); the Sanghi Brothers (Indore) Pvt Ltd. v. High Court Patan (NKP 2022) — the Indian-judgment's-enforcement-era's-face (read the decision for the precise facts-and-holdings));…