Kuwait Court of Cassation principle number 1002

Depositing the statement of claim with the court registry institutes the action. Service of the statement on the defendant is a necessary procedure for constituting proceedings between its two parties. Failure of such service until issuance of the first-instance judgment. Its effect. Extinction of the proceedings and non-existence of the judgment rendered therein. The attendance of the defendant or his representative at the hearing does not alter this. The reason therefor.