Kuwait Court of Cassation principle number 6

Service of the statement of claim is a condition for constitution of the proceedings. Contravention thereof. Its effect. Extinction of the proceedings and invalidity of the judgment - 5 - Civil Procedure, and the court shall rule thereon of its own motion. The Court of Appeal's ruling invalidating the appealed judgment because the proceedings have ceased to exist owing to invalid service of the statement of claim. It must confine itself to declaring invalidity without adjudicating the merits. The rationale for this.