Kuwait Court of Cassation principle number 3802

A challenge alleging forgery or a plea of denial. The trial court may not determine either together with the merits. It must confine its judgment to the forgery challenge or plea of denial alone. The reason for this. To enable the litigant relying on the document or seeking its rejection and invalidation to submit any other evidence that litigant may have to establish what was sought, and to safeguard the rights of defense of both parties to the litigation. The judgment’s contravention of this. A breach of the right of defense requiring its cassation. - The impermissibility of the trial court determining a forgery challenge or a plea of denial together with the merits. A rule that must be applied despite the Evidence Law not providing for it, as it is a fundamental rule of litigation procedure. - 714 - Civil Procedure