Kuwait Court of Cassation principle number 1804

The law's making commencement of a time limit dependent on a specified procedure. Its effect. That procedure may not be replaced by any other procedure. The implication thereof. Service of the judgment that commences the time limit for challenge cannot be replaced by proof that the person to be served examined the judgment or learned of it in any other way, even if - 289 - Civil Procedure conclusive. Asserting that the purpose of service was achieved by establishing his actual knowledge of the judgment. Insufficient. The reason therefor. Achievement of the purpose suffices only where there is an invalid procedure; a nonexistent procedure, however, cannot be corrected. - Establishment that the appellant did not attend any appeal hearing or submit a memorandum of defense, and the absence from the record of anything showing that the judgment was legally served on him. Its effect. The avenue of appeal in cassation remains open, and this is not affected by his actual knowledge of the judgment through pursuing a petition for reconsideration of it, since that does not dispense with the necessity of serving him.