Kuwait Court of Cassation principle number 3286

Failure to summon the defendant to appear within ninety days from the date of filing the statement. Article 49 of the Civil Procedure Law. Its distinction from failure to serve notice of proceeding with the action within ninety days from the date it was struck out. Article 59 of the Civil Procedure Law. The time limit in the second case is mandatory. It is not considered observed unless - 556 - Civil Procedure service reaches the opposing party. Failure of service to reach that party. Effect. The action is deemed never to have been brought by operation of law. Exception. Lapse of the right to submit this request to the court. The defendant's right to restore the action after it has been struck out and to request imposition of the sanction on the plaintiff in the absence of valid service. The preceding rules apply to appeals, Article 147 of the Civil Procedure Law.