Kuwait Court of Cassation principle number 31

Commencement of proceedings. Its criterion. Their constitution by service of the originating pleading. The reason: fulfillment of the adversarial principle. Fulfillment of adversarial participation without service. Sufficient to constitute the proceedings. Its basis. Article 47 of the Code of Procedure. - Both litigants appearing voluntarily before the court and presenting their dispute to it, submitting incidental claims orally at the hearing in the opposing party’s presence, and intervention in the action. Their implication. Enabling the opposing party to confront and respond to claims directed against him. The reason therefor. Regulation of service procedures and specification of the conditions for their validity. Achievement of that purpose through a valid procedure or without a procedure. Its effect. Absence of prejudice, so nullity is not adjudged. The reason: form is not an end in itself but a means of achieving a purpose. - 9 - Procedure - The judgment’s recognition of service of the appeal pleading on the appellant by handing him a copy at the hearing, thereby fulfilling the adversarial principle. Does not vitiate it.