Section 37
Special Provisions Relating To Enforcement Of Judgments Made By Foreign Courts
(1) Notwithstanding anything contained elsewhere in this Act, a foreign state or foreign party wishing to have a judgment of a civil nature made by a foreign court recognized or enforced in Nepal must make an
application, accompanied by the following documents, to the concerned High Court:
(a) full text of the certified judgment,
(b) if the judgment was made in absentia, originals or certified copies of the document establishing that the
process was duly served on the party who was absent,
(c) all documents establishing that the judgment satisfies the requirements set forth in clauses (b) and (c) of sub-
section (2),
(d) a copy with full text of the judgment translated into the Nepalese language, as certified by the concerned
diplomatic or consular representative or by a person authorized to make formal translation.
(2) If, upon studying the application, along with the documents, received pursuant to sub-section (1), the judgment made by a foreign court appears to satisfy the following requirements, the concerned High
Court must recognize the judgment made by the foreign court and send it to the concerned District Court for enforcement:
(a) such judgment has been made by the competent court with appropriate jurisdiction,
(b) such judgment is capable of being enforced in the concerned country,
(c) such judgment has become final and is not capable of being reviewed pursuant to the law of the concerned
country.
Explanation: For the purposes of this Section, “concerned District Court” means the District Court of the territory where the property from which the amount in controversy has to be recovered, partition shares to
be set aside and right to property to be executed pursuant to the judgment is situated.
(3) Notwithstanding anything contained in sub-section (2), a judgment made by the court of a foreign country shall not be recognized and enforced in Nepal if:
(a) such judgment has been obtained by deception or fraud from the procedural perspective,
(b) a case was filed in a court of Nepal prior to its being filed in a foreign court between the same parties, over
the same fact, and for the same purpose as the parties, fact and purpose being involved in such judgment and
is sub judice in the court of Nepal,
(c) judgment has already been made by the court of Nepal in the case mentioned in clause (b),
(d) in the case mentioned in clause (b), judgment has been made by a court of another country and such judgment
has already been recognized and enforced in or is in the process of being enforced in Nepal,
(e) adequate opportunity has not been given to any party to fairly represent himself or herself in such judgment,
(f) such judgment has been made in defiance of the regular procedures required for the trial of a case,
(g) enforcement of such judgment would be contrary to public order.
(4) If it is so written by the High Court for the enforcement of a judgment pursuant to sub-section (2), the concerned District Court shall implement the judgment as if it were made by that Court itself.
application, accompanied by the following documents, to the concerned High Court:
(a) full text of the certified judgment,
(b) if the judgment was made in absentia, originals or certified copies of the document establishing that the
process was duly served on the party who was absent,
(c) all documents establishing that the judgment satisfies the requirements set forth in clauses (b) and (c) of sub-
section (2),
(d) a copy with full text of the judgment translated into the Nepalese language, as certified by the concerned
diplomatic or consular representative or by a person authorized to make formal translation.
(2) If, upon studying the application, along with the documents, received pursuant to sub-section (1), the judgment made by a foreign court appears to satisfy the following requirements, the concerned High
Court must recognize the judgment made by the foreign court and send it to the concerned District Court for enforcement:
(a) such judgment has been made by the competent court with appropriate jurisdiction,
(b) such judgment is capable of being enforced in the concerned country,
(c) such judgment has become final and is not capable of being reviewed pursuant to the law of the concerned
country.
Explanation: For the purposes of this Section, “concerned District Court” means the District Court of the territory where the property from which the amount in controversy has to be recovered, partition shares to
be set aside and right to property to be executed pursuant to the judgment is situated.
(3) Notwithstanding anything contained in sub-section (2), a judgment made by the court of a foreign country shall not be recognized and enforced in Nepal if:
(a) such judgment has been obtained by deception or fraud from the procedural perspective,
(b) a case was filed in a court of Nepal prior to its being filed in a foreign court between the same parties, over
the same fact, and for the same purpose as the parties, fact and purpose being involved in such judgment and
is sub judice in the court of Nepal,
(c) judgment has already been made by the court of Nepal in the case mentioned in clause (b),
(d) in the case mentioned in clause (b), judgment has been made by a court of another country and such judgment
has already been recognized and enforced in or is in the process of being enforced in Nepal,
(e) adequate opportunity has not been given to any party to fairly represent himself or herself in such judgment,
(f) such judgment has been made in defiance of the regular procedures required for the trial of a case,
(g) enforcement of such judgment would be contrary to public order.
(4) If it is so written by the High Court for the enforcement of a judgment pursuant to sub-section (2), the concerned District Court shall implement the judgment as if it were made by that Court itself.