Kuwait Court of Cassation principle number 340

The judge's refraining from issuing a payment order. Its implication: scheduling a hearing before the competent court as an originating action. Its cases: the creditor applies for a payment order outside the cases in which it is available, or the judge considers that not all his requests should be granted, or that the order should not be issued for any reason. Article 168, Procedural Law. - A grievance against a payment order is available only to the debtor against whom the order is issued. Refraining from issuing the order. Requires the judge not to issue an order of refusal. Reason therefor: enabling the creditor to lodge a grievance against it. Article 170/1, Procedural Law. Example.