Kuwait Court of Cassation principle number 2286

Service of the statement of claim. Its independence from lodging it with the registry. Its purpose. Informing the opposing party and achieving the adversarial principle between litigants. Failure to achieve it. Effect thereof. Nullity of the judgment. Implication thereof. The court must of its own motion monitor the validity of service upon the absent litigant, and may impose sanctions on the claimant to prompt him to pursue his action and serve his opponent. - The court of second instance finding that the defendant was not served. It must not confine itself to declaring nullity, but must remit the action to the court of first instance for adjudication on its merits after legally valid service upon the litigant. Reason thereof. Observance of the principle of litigation at two levels. Article 135 bis, Civil Procedure, added by Law 36 of 2002.