Kuwait Court of Cassation principle number 2478

Reinstatement of an appeal after striking out. Its condition. Service on the opposing party of notice of the scheduled hearing must be completed before ninety days have elapsed from the date of striking out. Merely submitting the reinstatement petition to the Registry is insufficient. Notice of resumption must reach the recipient within the prescribed period for the time limit to be deemed observed. Its expiry. Its effect. The appeal is deemed never to have existed. This sanction occurs upon the mere expiry of the said period from the date of striking out, without a judgment being required, and the court must impose it whenever requested, unless the right to invoke it has lapsed. This is not altered by the failure to resume proceedings within the time limit, whether attributable to the plaintiff's act or otherwise. The reason for this. Articles 59 and 147 of the Code of Procedure. - 415 - Procedure