Kuwait Court of Cassation principle number 276

Ruling that an action previously struck out is deemed never to have been brought. Discretionary for the court. - The plea that an action be deemed never to have been brought. A procedural plea. It must be raised before addressing the merits; otherwise, the right to raise it lapses. - Addressing the merits which causes the plea to lapse. Its nature. - The plea that an action be deemed never to have been brought. Its connection with the litigant's interest. He may waive it expressly or implicitly. The litigant for whose benefit it was established making a statement indicating that he has waived reliance on deeming the action never to have been brought. Its effect. He may not retract that in respect of which he relinquished his right.