Kuwait Court of Cassation principle number 3025

A judgment deeming the action or appeal as if it had never been because the plaintiff or appellant delayed serving its statement on the opposing party, intentionally or negligently. Imposition of this sanction is discretionary for the court. Condition for applying it. - Assessment of the imposition of the sanction deeming the action or appeal as if it had never been for failure to complete service in time. Within the unfettered discretion of the court of merits.