Kuwait Court of Cassation principle number 271

Ruling that an action be deemed never to have been brought pursuant to Article 59 of the Code of Civil Procedure, as amended by Law 36 of 2002. Its condition. Its prior striking out for the failure of the plaintiff or appellant to appear and his failure to appear after its resumption. - Resumption of the action by the defendant. Its implication. The permissibility of imposing this sanction. Its condition. Valid service on the plaintiff of the pleading reinstating the action after striking out. Article 59 of the Code of Civil Procedure. Example.