Kuwait Court of Cassation principle number 272

The time limit within which proceedings may be resumed in an action ordered struck out. A mandatory time limit. Effect of its expiry. Deeming the action never to have been brought. This sanction arises by operation of law merely upon expiry of the period from the date of striking out, without the need for a judgment imposing it. It concerns the defendant’s interest alone. - 52 - Civil Procedure. It must be adjudged whenever requested, without discretion for the court, whatever the reason for failure to resume proceedings in the action within the time limit, and whether attributable to the plaintiff’s act or otherwise. This rule applies to appeals. Articles 59 and 147 of the Civil Procedure Law.