Kuwait Court of Cassation principle number 4306

Characterization of the parties’ pleas. The determining consideration therein. The true nature and purpose of the plea, not its designation. - A plea that the period prescribed for bringing the action has expired. It concerns the conditions necessary for hearing the action, revolves around the right of action, is separate from the right for whose protection the action was brought, and seeks to prevent the court from admitting the action. The judgment concluding that the action is inadmissible. No error.