Kuwait Court of Cassation principle number 3919

The sale judge. His task is to conduct the sale of real property. Fixing the sale date and conducting the sale. Both occur without intervention by the attaching creditors or interested parties. Failure to complete the sale on the appointed day for any reason. The sale judge must set a hearing to conduct it upon the application of an interested party, with repetition of the sale advertisement procedures, observing the legally prescribed time limits. The legislature’s specification of a time limit for invoking grounds of invalidity preceding the sale hearing, upon whose expiry the opportunity to raise them is closed. Its implication. The sale date referred to in Article 271 means the date fixed by the enforcement officer immediately upon registration of the attachment application. Article 264 of the Civil Procedure Law. This date is regarded as determining the time limits for the debtor’s action concerning grounds of invalidity or objection. The challenged judgment’s adherence to this view and its ruling that the right to institute the action had lapsed. Does not vitiate it. - 683 - Civil Procedure - Miscellaneous matters:-