Kuwait Court of Cassation principle number 4257

A plea of nullity of service of the statement of claim or that the action or appeal be deemed never to have existed. Procedural pleas relating to procedure that must be raised before addressing the merits, otherwise the right to raise them is forfeited. Article 77 of the Civil Procedure Law. - A plea that the action may not be heard because it has previously been adjudicated. Considered a defence touching upon the merits of the action. The consequence thereof. Forfeiture of the right to raise procedural pleas after raising it. Example.