Kuwait Court of Cassation principle number 1744

Deeming an action or appeal never to have been brought if service is not completed within a specified time limit. A condition for so ruling is that failure of service resulted from deliberate conduct or negligence by the plaintiff or appellant. This sanction. It does not concern public policy. It must be invoked by the defendant or respondent. Raising it before the Court of Cassation for the first time is impermissible.