Kuwait Court of Cassation principle number 3226

An appeal petition produces its effects from the date of filing. Its service is a necessary procedure for constituting the proceedings. It must be completed within thirty days of filing. - The court may, at the respondent's request, rule that the appeal is deemed never to have existed as a sanction for delay in serving its petition within this period. Condition thereof. The delay must be attributable to the appellant's intentional or negligent act. - Time limit for serving the appeal petition. A time limit for appearance. Its effect. The appearance of the respondent summoned after the specified time limit does not extinguish the right to request the aforementioned sanction. - Assessment of whether to impose the sanction of deeming an appeal never to have existed for failure to serve its petition within the prescribed period. Within the discretion of the court of merits, provided its ruling rests on sound reasons.