Kuwait Court of Cassation principle number 290

A judgment dismissing a challenge alleging forgery. Its implication. Authenticity of the document challenged, not validity of the transaction recorded therein. The right of the party alleging forgery to invoke all substantive defenses to be discharged from his obligation. The reason therefor. - Combining adjudication of the allegation of forgery and of the merits of the action in a single judgment. Impermissible. The absence of an express provision to that effect in the Evidence Law. Does not signify an intention not to adopt that rule. The reason: it is among the fundamental rules of litigation procedure required by the principle of safeguarding the rights of defense, without need for a special provision.