Kuwait Court of Cassation principle number 1734

The time limit within which proceedings may be resumed in an action ordered struck out. A mandatory time limit. The effect of its expiry. The action is deemed never to have been instituted. This sanction operates by force of law upon expiry of the period from the date of striking out, without need for a judgment imposing it. It concerns the defendant's interest alone. It must be ordered whenever requested, with no discretion for the court, whatever the reason for failure to resume proceedings in the action within the time limit, and whether attributable to the plaintiff's act or otherwise. This rule applies to appeals. Articles 59, 147 of the Civil Procedure Law.