Kuwait Court of Cassation principle number 1733

Reinstatement of an appeal after striking out. Its condition. Completion of service on the opposing party of notice of the scheduled hearing before the expiry of ninety days from the date of striking out. Merely submitting the pleading for reinstatement after striking out to the court registry. Insufficient. Notice of resumption must reach the addressee within the prescribed period for the time limit to be regarded as observed. Its expiry. Its effect. The appeal is deemed never to have been brought. This sanction takes effect upon the mere expiry of the aforementioned period from the date of striking out, without the need for a judgment to that effect, and the court must impose it whenever requested, unless the right to invoke it has lapsed. This is not altered by the reason for failure to resume proceedings within the time limit, whether attributable to the plaintiff’s act or otherwise. The rationale therefor. Articles 59, 147 of the Civil Procedure Law.