Kuwait Court of Cassation principle number 3259

An action or appeal may be deemed as if it had never been brought if the plaintiff or appellee is not summoned to appear within the time limit specified by law. What is required to apply this sanction. - The plaintiff or appellant is, in all circumstances, under a duty to continue following up the proceedings of the action and to take the legally appropriate measure if he notices delay in effecting service. - 551 - Procedure - Assessment of whether to impose the sanction of deeming the action or appeal as if it had never been brought. A matter for the court of merits.