Kuwait Court of Cassation principle number 855

Treating the action or appeal as if it had never existed. Discretionary for the court. Its condition. That the delay in service, whether intentional or negligent, be attributable to the act of the plaintiff or appellant, even if the pleading was delivered by the Registry Department to the process server. The reason for this: the burden of continuously following up the procedures of his action or appeal and taking the appropriate action if he observes delay in effecting service. His act need not be the sole, direct, or principal cause. An example of delay. - The judgment’s conclusion accepting a procedural plea. It is not at fault if it does not address the remaining defences and pleas.