Kuwait Court of Cassation principle number 3440

The law making the commencement of a time limit dependent upon a particular procedural act. Its effect. That act may not be replaced by any other act. The implication of this. Service of the judgment which starts the time limit for challenge cannot be replaced by proof that the intended recipient has inspected the judgment or learned of it by any other means, even if conclusive. An assertion that the purpose of service has been achieved through proof of his actual knowledge of the judgment. Insufficient. The reason for this. Achievement of the purpose suffices only where there is a void procedural act; a nonexistent act cannot be corrected. - Proof that the appellant did not attend any appeal hearing or submit a memorandum of defence, and the absence from the papers of anything indicating lawful service of the judgment upon him. Its effect. The avenue of cassation remains open, and this is not affected by his actual knowledge of the judgment through pursuing a petition for reconsideration of it, since that does not dispense - 582 - Civil Procedure with the requirement to serve it upon him.