Kuwait Court of Cassation principle number 1691

A ruling that the proceedings in the action have lapsed or expired by passage of time. Its effect. Extinction of judgments rendered therein ordering the taking of evidence and cancellation of all procedural steps, including the bringing of the action. This does not affect the right in respect of which the action was brought, definitive judgments rendered therein, procedural steps preceding those judgments, admissions made by the litigants, or oaths they have sworn. The litigants may rely on evidentiary investigation procedures and expert work carried out, unless inherently void. This effect extends to the case where an action is deemed never to have been brought for failure to reinstate it after striking out within the prescribed time limit. The basis therefor. Article 101 of the Law of Procedure. - Deeming the action never to have been brought for failure to reinstate it after striking out within the time limit. A new action with the same previous claims may be brought, even if the proceedings in the first action lapsed upon the expiry of one year from the date of striking out.