Kuwait Court of Cassation principle number 1751

Deeming an action never to have been instituted as a sanction for delay in its service through the plaintiff's act. Its difference from the sanction of deeming an action never to have been instituted for failure to serve the litigant with notice of resumption of proceedings therein within ninety days of its striking out. The nature of the difference. Imposition of the sanction in the first case is discretionary for the court and mandatory in the second.