Kuwait Court of Cassation principle number 2310

Grievance against an order for payment. Its time limit begins on the date it is served upon the debtor. Article 170, Civil Procedure. Its implication. The legislature placed orders for payment on the same footing as default judgments. Its effect. The provisions prescribed for service of those judgments apply thereto. - Absence of the person to be served from his original domicile or place of work. Delivery of a copy of service of the judgment or order for payment to the police station. A legal presumption that the judgment debtor apparently acquired legal knowledge of the judgment document, commencing the time limit for challenging it. The judgment debtor’s allegation contrary to this apparent state. His proof that he did not learn of the service for a reason not attributable to his act and negligence. Its effect. - Establishment that the appellant received the registered letter on a date subsequent to delivery of a copy of service of the order for payment - 384 - Civil Procedure to the police station. Its effect. The time limit for lodging a grievance against the order for payment begins on the date she received the registered letter. Her filing of the statement of grievance before expiry of the ten-day period. Its implication. The grievance is admissible in form. The challenged judgment’s contravention thereof: vitiates it and requires its cassation. Exhaustion of jurisdiction