Kuwait Court of Cassation principle number 2913

Grievance against a payment order. Its time limit begins on the date the debtor is served with it. Article 170 of the Civil Procedure Law. Its implication. The legislature placed payment orders on the same footing as default judgments. Its effect. The provisions prescribed for service of such judgments apply to them. - Absence of the person to be served from his original domicile or workplace. Delivery of the copy serving the judgment or payment order to the police station. A legal presumption that the judgment debtor apparently acquired legal knowledge of the judgment document such as starts the time limit for challenging it. The judgment debtor's assertion contrary to this apparent position. His proving that he did not learn of the service for a reason not attributable to his act and negligence. Its effect. - Establishment that the appellant received the registered letter on a date subsequent to delivery of the copy serving the payment order to the police station. Its effect. The time limit for grievance against the payment order begins on the date she received the registered letter. Her filing of the grievance petition before expiry of the ten-day time limit. Its implication. The grievance is admissible in form. The challenged judgment's departure from this: vitiates it and requires its cassation. - 561 - Civil Procedure