Kuwait Court of Cassation principle number 243

Deeming the action or appeal never to have existed. Discretionary for the court. Its condition. That the delay in service, whether intentional or negligent, be attributable to the act of the plaintiff or appellant, even if the originating document was delivered by the Department of - 47 - Procedure Clerks to the process server. Reason: the burden rests upon him to continue following up the procedures of his action or appeal and to take the appropriate step if he observes a delay in effecting service, and his act need not be the sole, direct, or principal cause. An example of delay. - A judgment concluding by upholding a procedural plea. It is not at fault if it does not address the remaining grounds of defence and pleas.