Kuwait Court of Cassation principle number 1238

Procedures for instituting and serving an action. The court must observe them. Their purpose: regulating litigation and securing the right of defence. Filing the statement of claim with the Registry is the procedure by which the action is deemed instituted, producing all the effects of a judicial demand. - Service of the statement of claim. Its independence from filing it with the Registry. Its purpose. Informing the opposing party and achieving the adversarial principle between the parties. Its non-achievement. Its effect. Nullity of the judgment. The consequence thereof. The court must, of its own motion, monitor the validity of service on the absent party, and it may impose sanctions on the claimant to prompt him to pursue his action and serve his opponent.