Kuwait Court of Cassation principle number 1026

Procedures for bringing an action and serving it. The court must observe them. Their purpose: regulating litigation and ensuring the right of defense. Filing the statement of claim with the Registry is the procedure whereby the action is considered brought, producing all the effects of a judicial demand. - 195 - Civil and Commercial Procedure - Service of the statement of claim. Its independence from filing it with the Registry. Its purpose. Informing the opposing litigant and ensuring the adversarial principle between litigants. Failure to achieve it. Its effect. Nullity of the judgment. The implication thereof. The court must, of its own motion, monitor the validity of service on the absent litigant, and may impose sanctions on the plaintiff to induce him to pursue his action and serve his opponent. - The second-instance court's finding that the defendant was not served. It must not stop at declaring nullity, but must order the action remitted to the first-instance court for determination of its merits after legally valid service on the litigant. The reason therefor. Observance of the principle of litigation at two levels. Article 135 bis of the Civil and Commercial Procedure Law, added by Law 36 of 2002.