Kuwait Court of Cassation principle number 2792

Deeming an action or appeal as never having been brought for failure to summon the party to appear within the time limit. This may be ordered upon the request of the defendant or respondent. Condition thereof. The delay in service, whether intentional or negligent, must be attributable to the act of the plaintiff or appellant. This applies where the court registry delivers the statement or petition to the process server. Reason thereof. The plaintiff or appellant must follow up the service procedure, as it is necessary to constitute proceedings between the parties. - Imposition of the sanction of deeming an appeal as never having been brought for failure to serve its petition. Within the discretion of the court of merits. Even where its conditions are satisfied, the court may refrain from imposing it whenever the appellant's delay in service is justified by acceptable excuses. It may rely on such presumptions and circumstances as it finds reassuring in forming its conviction that failure to effect service is attributable to the appellant's act or negligence. Condition thereof.