Kuwait Court of Cassation principle number 334

The judge’s refusal to issue a payment order. Its implication: setting a hearing before the competent court as an original action. Its cases: the creditor applying for a payment order outside the cases in which it is available, or the judge considering that not all his claims should be granted or that the order should not be issued for any reason. Article 168 of the Code of Procedure. - A grievance against a payment order is available only to the debtor against whom the order is issued. Refusal to issue the order. - 71 - Law Requires the judge not to issue an order of refusal. The reason: enabling the creditor to lodge a grievance against it. Article 170/1 of the Code of Procedure. An example.