Kuwait Court of Cassation principle number 3022

Deeming the action as if it had never been brought for failure to serve the opposing party with notice of its resumption within ninety days of its striking out. Its applicability to an appeal where service does not reach the respondent within this period. - 578 - Civil Procedure - The respondent's appearance does not extinguish their right to invoke the plea that the action be deemed as if it had never been brought; that right is extinguished by addressing the merits.