Kuwait Court of Cassation principle number 3282

Permissibility of ruling that the appeal is deemed never to have been brought, upon the respondent's request, if he was not summoned to appear within the time limit. The condition therefor: that the delay in service, whether intentional or negligent, is attributable to the appellant's act, since he bears the duty of continuously following up the procedures of the action and taking appropriate action. - Imposing the sanction of deeming the appeal as never having been brought. Its criterion. A matter of fact independently determined by the court of merits. The condition therefor.