Kuwait Court of Cassation principle number 1729

The court of first instance's exhausting its jurisdiction by ruling on the merits of the action. Invalidity of that judgment due to a defect not extending to the originating statement of claim. The Court of Appeal must not stop at declaring invalidity. It must determine the merits by a new judgment observing the correct procedures. - Striking out an action is an incident affecting the litigation during its course, removing it from the roll, and has no connection with its commencement. The Court of Appeal's addressing and determining the merits of the action after invalidating the first-instance judgment for failure to serve the statement for resumption of proceedings. No error. - 274 - Civil Procedure