Kuwait Court of Cassation principle number 341

A clear, express provision of conclusive meaning. No room for departing from it or construing it on the pretext of the rationale that prompted it and the legislature's intent therein concerning deeming an action never to have been brought for failure to resume its progress within 90 days of its striking out. - Imposition of the sanction prescribed in Article 59/3 of the Civil and Commercial Procedure Law. Restricted to the two cases of both parties failing to attend the hearing for reinstatement following striking out, whatever its reason, and failure to undertake procedures for service of reinstatement following striking out within ninety days from the date the action was struck out. The reason: this period is one of the mandatory periods within which proceedings must be resumed after striking out. Expiry of the period results in the action being deemed never to have been brought. This sanction operates by force of law upon expiry of the period from the date of striking out, without need for a judgment. The opposing party's attendance at the reinstatement hearing. Does not cure this procedure. The reason therefor. Example.