Kuwait Court of Cassation principle number 1793

Reinstatement of the action within 90 days of its being struck off. A mandatory time limit. The criterion for its fulfilment is the constitution of adversarial proceedings. The means thereof is service, through which the adversarial principle between litigants is achieved. The reason therefor. Failure of - 324 - Procedure service to reach the opposing party within this time limit. Its effect. A ruling deeming the action never to have been brought by operation of law, without discretion on the court's part whenever requested, whatever the reason for failure to resume the action.