Kuwait Court of Cassation principle number 3431

Permissibility of deeming the action never to have been brought at the defendant's request if he has not been summoned to appear within ninety days from the date of filing the petition. - 654 - Procedure - The plaintiff's obligation. To follow up the procedures in his action and take the legally appropriate measure if he observes delay in effecting service. His neglect of this. Its necessary consequence is that failure to complete service is attributable to him. The plaintiff's act need not be the sole, direct or principal cause. - Assessment of whether to impose the sanction of deeming the action never to have been brought. Within the unfettered discretion of the court of merits, provided it is sound.