Kuwait Court of Cassation principle number 2395

Application of Article 126 of the Procedure Code. Its condition: the court's complete omission, through inadvertence or error, to determine a substantive claim, leaving the claim pending before it without adjudication. Express or implicit dismissal of the claim inferred from the reasons of the judgment. The means of contesting it. Challenging the judgment by the appropriate route. - The court's determination of the matter before it by a definitive ruling. Its effect. Exhaustion of its jurisdiction in respect thereof. It may not adjudicate it anew. - Recourse by the litigants to the court that omitted to determine certain substantive claims. Its time limit. Within 6 months of the judgment becoming irrevocable. Prescription of this period. Its purpose. Establishing the occurrence of omission through inadvertence or error by an irrevocable judgment. The reason therefor. The reviewing court's assessment of whether the occurrence involves omission of a substantive claim becomes settled by the irrevocable judgment, whereupon the period begins within which the litigant must approach the court to remedy what it omitted to determine. - Recourse by a person alleging that his claim was omitted to the court that rendered the judgment immediately upon its issuance and before it becomes irrevocable. Impermissible. He must provide proof that the judgment has become irrevocable as regards himself and his - 398 - Civil Procedure other opponent. Contravention thereof. Its effect. Inadmissibility of the application. Example.