Kuwait Court of Cassation principle number 2562

Characterization of litigants’ pleas. The criterion therein. Is the substance and purpose of the plea, not its designation. A plea that the period specified for instituting the action has expired. Concerns the conditions necessary for hearing the action, revolves around the right of action, is separate from the right which the action was brought to protect, and seeks to prevent the court from admitting the action. The judgment concluding that the action is inadmissible. No error.