Kuwait Court of Cassation principle number 1647

Nullity of the challenged judgment for failure to serve the statement of claim validly. The requirement to order remittal to the court of first instance because it has not exhausted its jurisdiction. Its consequence. Remittal concerns proceedings that were never constituted in the first place. Its effect: the proceedings that were constituted are nonexistent. There is no basis for ordering remittal together with a ruling of nullity. - 300 - Civil Procedure - Lapse of proceedings in the action:-