Kuwait Court of Cassation principle number 3272

Ruling that an action or appeal is deemed never to have been brought for failure to summon attendance within the prescribed period, at the request of the defendant or respondent. Discretionary for the court. Its condition. That the delay in service—intentional or negligent—is attributable to the act of the claimant or appellant. - The thirty-day period for service of the statement of appeal. A period for appearance. Its implication. The respondent's appearance after the period without service does not extinguish his right to request imposition of the sanction deeming the appeal never to have been brought. Article 80 of the Civil Procedure Law does not apply to this appearance.