Kuwait Court of Cassation principle number 768

Establishing lineage to a deceased person is like rendering judgment against an absent person. It is impermissible except against a present adversary. The nature of this adversary. An action to establish lineage to a deceased person. It is inadmissible except as part of another action or right. Reason therefor. Example. - Filiation or paternity after the death of the father or son is not sought for its own sake, but for the rights resulting therefrom, which constitute the true subject matter of the litigation. Lineage is established as part of proving those rights. - Failure to bring an action to establish lineage to a deceased person as part of another right constituting the subject matter of genuine litigation asserted against the deceased's heirs. Its consequence. Its inadmissibility. The judgment contravening this. This renders it defective and requires its cassation.