Kuwait Court of Cassation principle number 3271

Deeming the action as never having been brought for failure to summon to appear within the time limit specified by law. Discretionary, at the request of the defendant or respondent. Applying this sanction. Its condition. That the delay or negligence is attributable to the act of the plaintiff or appellant. - The prescribed time limit for serving the respondent. A time limit for appearance. Failure to observe it. Its effect. Permissibility of ruling that the appeal is deemed never to have been brought. Appearance by the respondent after its expiry. Does not cure it or extinguish - 553 - Civil Procedure his right to request imposition of the sanction. Assessing whether to impose the sanction. A matter for the court of merits.