Kuwait Court of Cassation principle number 601

Plea that an action be deemed never to have existed because more than ninety days have elapsed since it was struck off. Its connection with the interest of the litigant for whose benefit the plea was prescribed. That litigant may waive it expressly or implicitly. Ascertainment of waiver. A question of fact subject to the trial court’s assessment; it may infer from the litigants’ conduct such indications as assist it in doing so.