Kuwait Court of Cassation principle number 3832

A claim or ground of defense that, if valid, would change the view taken of the action. The court must respond to it with specific reasons. Failure to do so. Deficiency. Example. - Ruling that an action or appeal is deemed never to have been brought for failure to summon attendance within the prescribed period, at the request of the defendant or respondent. Discretionary for the court. Its condition. That the delay in service—whether intentional or negligent—be attributable to the act of the claimant or appellant. - The thirty-day period for serving the appeal petition. A period for appearance. Its import. The respondent’s appearance after the period without service does not extinguish the right to request imposition of the sanction of deeming the appeal never to have been brought. Article 80 of the Civil Procedure Law does not apply to this appearance. - 718 - Civil Procedure