Kuwait Court of Cassation principle number 2788

Bringing an action. Accomplished by filing its statement of claim with the Registry. Constitution of the proceedings. It remains conditional upon valid service of the statement of claim on the defendant. Omission of this procedure until issuance of the first-instance judgment. Its effect. Extinction of the proceedings as an effect of the judicial claim and the non-existence of the judgment rendered therein. - Establishment of the respondent bank's knowledge of the appellant's domicile and its directing service to another domicile where he does not reside, then to his workplace, without undertaking the search and inquiries required by the circumstances. Its effect. Service of the statement of claim upon the Public Prosecution is invalid and ineffective and does not constitute the proceedings. This procedure remaining until issuance of judgment in his absence. Its implication. Invalidity of the judgment. The action must be remitted to the court of first instance for a fresh determination. Article 135 bis of the Civil Procedure Law.