Kuwait Court of Cassation principle number 2353

Nullity of service of the originating statement of claim. Implication. Failure to constitute proceedings before the court of first instance and nullity of its judgment. Effect thereof. This judgment must be declared void without addressing the merits of the action. Reason thereof. Not depriving the litigants of the principle of litigation at two levels. - Declaring the appealed judgment void for failure to serve the statement of claim. Effect thereof. Remittal of the action to the court of first instance. Reason thereof. That court has not exhausted its jurisdiction. Article 135, Civil Procedure, as amended. Example.