Kuwait Court of Cassation principle number 1770

Failure to summon the defendant to appear within ninety days from the date of filing the statement. Article 49 of the Code of Procedure. Its difference from failure to serve notice of resumption of the action within ninety days from the date it was struck out. Article 59 of the Code of Procedure. The time limit in the second case is mandatory. It is not considered observed unless service reaches the opposing party. Failure of service to reach him. Its consequence. The action is deemed never to have been brought by operation of law. Exception. Forfeiture of the right to make this request to the court. The defendant's right to resume the action after its striking out and to request imposition of the sanction on the claimant in the event of failure of valid service. Application of the foregoing rules to appeals. Article 147 of the Code of Procedure. - 320 - Procedure