Kuwait Court of Cassation principle number 3273

Deeming an action or appeal never to have been brought for failure to summon the other party to appear within the time limit. Such a ruling may be made upon the request of the defendant or respondent. The condition therefor. The delay in service, whether intentional or negligent, must be attributable to the act of the plaintiff or appellant. This applies where the registry delivers the petition to the process server. The reason therefor. The plaintiff or appellant must pursue the service procedure because it is necessary for constituting litigation between its parties. - Imposing the sanction of deeming an appeal never to have been brought for failure to serve its petition. Falls within the discretion of the court hearing the merits. Despite the conditions being met, it may refrain from imposing it where the appellant’s delay in service is justified by acceptable excuses. It may rely on such presumptions and circumstances as it finds persuasive in forming its conviction that the failure of service is attributable to the appellant’s act or negligence. The condition therefor.