Kuwait Court of Cassation principle number 3288

The time limit within which proceedings may be resumed in an action ordered struck out. A mandatory time limit. The effect of its expiry. Deeming the action as never having been brought. This sanction operates by force of law upon expiry of the period from the date of striking out, without need for a judgment imposing it. It concerns the defendant's interest alone. It must be adjudged whenever requested, without discretion for the court, whatever the reason for failure to proceed with resumption of the action within the time limit, and whether attributable to the plaintiff's act or otherwise. This rule applies to appeals. Articles 59, 147, Civil Procedure. - 557 - Civil Procedure Eighth: Hearing and determining the appeal - In general: