Kuwait Court of Cassation principle number 3074

Time limit for challenging a payment order. It runs from the date of its service on the debtor. Calculation of the period for forfeiture of the right to challenge from that date. A challenge by the person against whom the order was issued before its service. Dispenses with service of the order, takes its place, and commences the time limit for challenging the order. Contravention of this. Error in the application of the law. - Challenging a payment order after expiry of the ten-day period prescribed for the challenge. Its effect. Its inadmissibility on procedural grounds. Article 170 of the Civil Procedure Law. - Cassation of the contested judgment in respect of its ruling on the procedural admissibility of the challenge. Its effect. Cassation of the remainder of its ruling where that ruling was the basis for its proceeding to determine the merits.