Kuwait Court of Cassation principle number 3021

Deeming an action never to have been brought as a sanction for delay in its service attributable to the plaintiff. Its distinction from the sanction of deeming an action never to have been brought for failure to serve the opposing party with notice of its resumption within ninety days of its striking out. The nature of the distinction. Imposition of the sanction in the first case is discretionary for the court and in the second is mandatory.