Kuwait Court of Cassation principle number 3454

Renewal of an action within 90 days of its striking out. A mandatory time limit. Its fulfilment depends on the constitution of the proceedings. The means thereof is service, through which the principle of confrontation between litigants is fulfilled. The reason for this. Failure of service to reach the opposing party within this time limit. Its effect. A ruling deeming the action as if it had never been brought by operation of law - 658 - Civil Procedure without discretion for the court whenever this is requested, whatever the reason for failure to resume the progress of the action.