Kuwait Court of Cassation principle number 239

The appeal petition produces its effects from the date of its filing with the registry. Its service upon the respondent or the court's delivery of a copy thereof to the respondent is a procedure necessary for the constitution of the proceedings. It must be completed within thirty days of the filing date. The sanction for non-compliance. Deeming the appeal never to have been brought. The condition for this. - 46 - Pleadings - Assessment of whether to impose the sanction of deeming an appeal never to have been brought for failure to serve its petition within the prescribed time limit. Within the unrestricted discretion of the court adjudicating the merits. - The thirty-day period prescribed for mandatory service after filing the petition. A time limit for appearance. The consequence thereof. The respondent's appearance after the time limit does not forfeit his right to request imposition of the sanction of deeming the appeal never to have been brought. This appearance differs from appearance arising from a defect in service or in the specification of the court or the hearing date, which is cured by appearance or the filing of a memorandum.