Kuwait Court of Cassation principle number 2370

A ruling that the proceedings in an action have lapsed or have expired through passage of time. Its effect. The judgments rendered therein ordering evidentiary measures cease to have effect, and all procedural steps, including the institution of the action, are annulled. This does not affect the right for which the action was brought, the conclusive judgments rendered therein, the procedures preceding those judgments, the admissions made by the litigants, or the oaths they took. The litigants may rely on the investigative procedures and expert work carried out, unless intrinsically invalid. This effect extends to the case where the action is deemed never to have been brought for failure to reinstate it after striking out within the prescribed time. The basis for this. Article 101, Civil Procedure Code. - Deeming the action never to have been brought for failure to reinstate it after striking out within the time limit. A new action may be brought with the same previous claims even if the proceedings in the first action lapsed upon the expiry of one year from the date of striking out.