Kuwait Court of Cassation principle number 1771

Deeming an action as never having been brought for failure to summon appearance within the time limit prescribed by law. Discretionary upon the request of the defendant or respondent. Application of this sanction. Its condition. That the delay or neglect be attributable to an act of the claimant or appellant. - The prescribed time limit for serving the respondent. A time limit for appearance. Failure to observe it. Its effect. The appeal may be adjudged as never having been brought. The respondent’s appearance after its expiry. Does not cure it or extinguish his right to request imposition of the sanction. Assessment of whether to impose the sanction. A matter for the court of merits.