Kuwait Court of Cassation principle number 4258

Addressing the merits so as to forfeit a procedural plea. Occurs when the litigant presents any request or defence in the action or an incidental issue therein, or something entailing acceptance of its validity, whether in writing or orally. Article 77, Civil Procedure. - Inferring the satisfaction or absence of the conditions for forfeiture of the right to a procedural plea. A factual matter for the trial judge. Condition thereof. Example.