Kuwait Court of Cassation principle number 3033

Deeming the action or appeal as never having been brought. Discretionary for the court. Its condition. That the delay in service, intentionally or negligently, be attributable to an act of the plaintiff or appellant, even if the statement has been delivered by the court registry to the process server. The reason therefor: the burden of continuously following up the procedures of his action or - 580 - Civil Procedure appeal and taking the appropriate procedural step if he notices delay in effecting service. It is not required that his act be the sole, direct, or principal cause. An example of delay. - The judgment concluding that a procedural plea is to be upheld. It is not at fault for not addressing the remaining arguments and pleas.