Kuwait Court of Cassation principle number 1788

The plea that an action be deemed never to have been brought. A formal plea relating to procedure. It must be raised before addressing the merits. Addressing the merits so as to extinguish the plea. How this occurs. A litigant may not revert to invoking the plea once he has waived it. - Deeming an action never to have been brought for failure to renew it following striking out within ninety days. The plea relating thereto. Its connection to the litigant for whose benefit it was prescribed. The implication thereof. He may waive it expressly or implicitly. Example. - 323 - Procedure