8.4 Nepalese Practices on Recognition and Enforcement of Foreign Judgment

8.4.1 Procedure for Recognition and Enforcement1. 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 andNon-Enforcement1. 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)))));