Kuwait Court of Cassation principle number 4264

The plea that an action be deemed never to have existed. A formal plea relating to procedure. It must be raised before addressing the merits. Addressing the merits that extinguishes the plea. How this occurs. A litigant may not revert to invoking the plea once he has waived it. - Deeming an action never to have existed for failure to renew it within ninety days after its removal from the docket. The plea relating thereto. Its connection to the litigant for whose benefit it was prescribed. The implication thereof. He may waive it expressly or implicitly. Example.