Kuwait Court of Cassation principle number 3034

Permissibility of deeming the action as if it had never been, at the defendant’s request, if he has not been summoned to appear within ninety days from the date of filing the statement of claim. - The plaintiff’s obligation to pursue the procedures of his action and take the legally appropriate measure if he notices delay in effecting service. His neglect thereof. Its necessary consequence. That failure to complete service is attributable to him. The plaintiff’s act need not be the sole, direct or principal cause. - Assessment of the imposition of the sanction deeming the action as if it had never been. Within the unfettered discretion of the court of merits, provided it is reasonable.