Kuwait Court of Cassation principle number 2223

An independent forgery action. It is an independent action brought under ordinary procedures by a person who fears that a forged instrument will be invoked against him, joining as defendants the person holding the instrument and the person benefiting from it, to obtain a judgment declaring it forged so that he may be secure against this document being invoked against him in a future dispute. Its import. Recourse thereto is conditional upon the document alleged to be forged not having been invoked in an action being heard by the judiciary. - An allegation of forgery of a document in a pending action. A means of defence on the merits of that action. Its avenue. An incidental forgery action. No court other than the court hearing the merits may hear this - 412 - Civil Procedure allegation. The person concerned's failure to pursue this avenue. Its effect. Inadmissibility of his independent forgery action. Reason therefor. - An action to validate attachment:-