Kuwait Court of Cassation principle number 2603

Commencement of proceedings. Its criterion. Their constitution through service of the petition. The reason for that. Fulfilment of the adversarial principle. Fulfilment of the adversarial principle without service. Its sufficiency for constitution of the proceedings. The basis for that. Article 47 of the Law of Civil Procedure. - Both parties appearing of their own accord before the court and presenting their dispute to it, submitting incidental claims orally at the hearing in the presence of the opposing party, and intervening in the action. Their significance. Enabling the opposing party to confront and respond to the claims directed against him. The reason for that. Regulation of service procedures and specification of the conditions for their validity. Fulfilment of that purpose through a valid procedure or without a procedure. Its effect. Absence of prejudice, so nullity is not declared. The reason: form is not an end in itself but a means of achieving a purpose. - The judgment’s recognition of service of the appeal petition on the appellant by handing him a copy at the hearing, thereby fulfilling the adversarial principle. Does not vitiate it.