Kuwait Court of Cassation principle number 3060

Failure to summon the defendant to appear within ninety days of filing the statement of claim. Article 49 of the Code of Civil Procedure. Its difference from failure to serve notice of resumption of the action within ninety days of its striking out. Article 59 of the Code of Civil Procedure. The period in the second case is mandatory. It is not deemed observed unless service reaches the opposing party. Failure of service to reach him. Its effect. The action is deemed as never having been brought by operation of law. The exception. Lapse of the right to make this request to the court. The defendant’s right to reactivate the action following its striking out and to request imposition of the sanction upon the plaintiff in the absence of valid service. Application of the foregoing rules to appeals. Article 147 of the Code of Civil Procedure.