Kuwait Court of Cassation principle number 3340

Renewal of the action within 90 days of its being struck out. A mandatory time limit. The condition for its fulfilment is the constitution of the proceedings. The means thereof is service, which realizes the principle of adversarial proceedings between the parties. The reason therefor. Failure of service to reach the opposing party within this time limit. Its effect. A ruling deeming the action as never having been brought by operation of law, without discretionary authority for the court, whenever it is requested to do so and whatever the reason for failure to resume the proceedings.