Kuwait Court of Cassation principle number 390

A clear, express provision of conclusive meaning. There is no room to depart from it or interpret it on the pretext of the rationale that prompted it and the legislature's intention therein concerning deeming an action never to have existed for failure to resume proceedings within 90 days of its striking out. - Imposition of the sanction prescribed in Article 59/3 of the Civil and Commercial Procedure Law. Its restriction to 2 cases: failure of both parties to attend the hearing for resumption following striking out, whatever its cause, and failure to take the procedures for service of notice of reinstatement following striking out within ninety days from the date the action was struck out. The reason: this time limit is mandatory, within which proceedings in the - 421 - Procedure action must be resumed after its striking out. Expiry of the time limit results in the action being deemed never to have existed. This sanction operates by force of law immediately upon expiry of the period from the date of striking out, without the need for a judgment. The opposing party's attendance at the resumption hearing. Does not cure this procedure. The reason for this. Example.