Kuwait Court of Cassation principle number 2712

Identifying the adversarial party. Its criterion: directing claims against him in the action, whether original or incidental. Failure to satisfy this. Its effect. The person is not an adversarial party in the proper sense, and the failure to constitute proceedings in respect of him has no effect on the admissibility of the action. - The appellant's bringing an incidental action seeking to order the first respondent to pay compensation without directing claims against the remaining parties. Its effect. The failure to constitute proceedings in respect of one of them, namely the second respondent, has no effect on the admissibility of the incidental action. The challenged judgment's contravention of this view and its ruling that the incidental action is formally inadmissible owing to failure to serve the second respondent. A violation of the law requiring its cassation.