Kuwait Court of Cassation principle number 1747

Deposit of the appeal petition with the registry. Its effect. Its effects begin to operate. Service thereof on the respondent. Its effect. Constitution of proceedings between its parties. The time limit for service. Delay in service caused by the appellant intentionally or negligently. Its effect. A ruling deeming the appeal never to have been brought at the respondent’s request. The latter’s appearance does not extinguish his right to request imposition of the sanction. The reason therefor. - Assessment of whether to impose the sanction of deeming the appeal never to have been brought for failure to serve a petition within the prescribed time limit. Within the authority of the court of merits, provided it is tenable.