Kuwait Court of Cassation principle number 2380

A judgment rejecting a challenge alleging forgery. Its implication. Authenticity of the document challenged, not validity of the legal transaction recorded therein. The right of the party alleging forgery to invoke all substantive defences to discharge his obligation. Reason for this. - Combining adjudication of the allegation of forgery and of the merits of the action in a single judgment. Impermissible. The absence of an express provision for this rule in the Law of Evidence. Does not signify an intention not to adopt it. Reason: it is among the fundamental rules of civil procedure required by the principle of non-impairment of the rights of defence, without need for a special provision.