المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. لعدم إعلانه خلال الميعاد

    Principle 3260Permissibility of ruling that the action or appeal is deemed never to have been brought if the defendant or respondent has not been summoned to appear within the specified time limit. The condition therefor. That the delPleadings — Part Three · Source page 552
  2. Principle 3262The plea that an appeal be deemed never to have been brought for failure to serve it within the time limit. A procedural plea unrelated to public policy. Invoking it before addressing the merits. A condition for grantingPleadings — Part Three · Source page 552
  3. Principle 3263A judgment deeming the appeal as never having been may be rendered at the respondent's request if the respondent is not summoned to appear within the prescribed period. Condition thereof: the delay in service must be attPleadings — Part Three · Source page 552
  4. Principle 3264A ruling deeming the appeal as never having been brought at the respondent's request. The basis for issuing it. Failure to summon the respondent to appear within the statutory time limit through an act attributable to thPleadings — Part Three · Source page 552
  5. Principle 3265The plea that an appeal be deemed as never having been brought is a procedural plea unrelated to public policy. It must be raised before addressing the merits; otherwise, the right to raise it lapses.Pleadings — Part Three · Source page 553
  6. Principle 3266A ruling deeming an appeal never to have been brought for failure to summon the respondent to appear within thirty days for a reason attributable to the appellant. Permissive for the court and left to its absolute discrePleadings — Part Three · Source page 553
  7. Principle 3267Failure to summon the respondent to appear before the court within thirty days from the date the statement is submitted to the registry. Its effect. A ruling deeming the appeal as never having been may be rendered at thePleadings — Part Three · Source page 553
  8. Principle 3268Failure to serve the appeal petition within thirty days from the date of filing its petition. Its implication. A ruling deeming the appeal as never having been brought is permissible. Its condition. Articles 49, 137 of tPleadings — Part Three · Source page 553
  9. Principle 3269Imposition of the sanction of deeming the appeal as never having been brought for failure to serve its statement within the time limit. Discretionary for the court of merits. Its implication. Failure to impose it despitePleadings — Part Three · Source page 553
  10. Principle 3270Deeming the appeal as never having been brought. Its condition. That failure to observe the time limit for service is attributable to the plaintiff's act and that the respondent requests it. Imposition of the sanction isPleadings — Part Three · Source page 553
  11. Principle 3271Deeming the action as never having been brought for failure to summon to appear within the time limit specified by law. Discretionary, at the request of the defendant or respondent. Applying this sanction. Its condition.Pleadings — Part Three · Source page 553
  12. Principle 3272Ruling that an action or appeal be deemed as never having been brought for failure to summon the defendant or respondent to appear within the specified period, upon the defendant's or respondent's request. Discretionary Pleadings — Part Three · Source page 554
  13. Principle 3273Deeming an action or appeal never to have been brought for failure to summon the party to appear within the time limit. This may be ordered at the request of the defendant or respondent. The condition for this. The delayPleadings — Part Three · Source page 554
  14. Principle 3274Ruling that the appeal is deemed as never having been because the respondent was not summoned to appear within the legally prescribed period—if its conditions are satisfied—is discretionary for the court.Pleadings — Part Three · Source page 554
  15. Principle 3275Addressing the merits in a manner extinguishing the plea that the action or appeal be deemed never to have been brought. Its nature: raising any claim or defense touching upon a substantive matter or an incidental issue Pleadings — Part Three · Source page 554
  16. Principle 3276Deeming an appeal as never having been brought for failure to summon the respondent to appear within the prescribed period through the appellant's act. Assessment of whether to impose this sanction. Within the unrestrictPleadings — Part Three · Source page 555

  17. لتخلف المستأنف عن تنفيذ ما أمرت به المحكمة خلال مدة الوقف الجزائي

    Principle 3277Imposing the sanction of deeming an appeal never to have been brought for failure to serve the statement within the prescribed time limit falls within the authority of the court of merits. Its condition. The judgment's dPleadings — Part Three · Source page 555
  18. Principle 3278The rules and procedures applicable to an action before the court of first instance apply to an appeal. - The plaintiff’s failure to perform a procedural act within the time limit. Its effect. The court may stay the actiPleadings — Part Three · Source page 555
  19. Principle 3279Proceedings in the action or appeal must be resumed, where a stay has been ordered as a sanction, within thirty days of the end of the stay period. Reason therefor: expediting the pursuit of the proceedings without delayPleadings — Part Three · Source page 555
  20. Principle 3280Proceedings in the action or appeal must be resumed, where a stay of either has been ordered as a sanction, within thirty days of the expiry of the stay period. The reason therefor: expediting the pursuit of the proceediPleadings — Part Three · Source page 555
  21. Principle 3281A ruling deeming the appeal as never having been brought at the respondent's request for failure to summon him to appear within the time limit. Discretionary, not mandatory, for the court. Articles 49, 137, 147 of the CiPleadings — Part Three · Source page 556
  22. Principle 3282Permissibility of ruling that the appeal is deemed never to have been brought, upon the respondent's request, if he was not summoned to appear within the time limit. The condition therefor: that the delay in service, whePleadings — Part Three · Source page 556

  23. لعدم السير فيه خلال تسعين يوماً من تاريخ شطبه

    Principle 3283Application of the sanction of deeming the appeal never to have existed for failure to serve its petition within the statutory time limit. Discretionary for the court. 3- For failure to pursue it within 90 days from the Pleadings — Part Three · Source page 556
  24. Principle 3284The plea that the action be deemed never to have existed because more than 90 days have elapsed since it was struck out concerns the interest of the party for whose benefit it was established. Its implication. He may waiPleadings — Part Three · Source page 556
  25. Principle 3285Deeming an action as never having been brought where notice of its resumption is not served within ninety days of the date it was struck out. Its basis. Article 59 of the Civil Procedure Law. Application of this rule to Pleadings — Part Three · Source page 556
  26. Principle 3286Failure 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 withinPleadings — Part Three · Source page 556
  27. Principle 3287Resuming an appeal after it has been struck off. How effected. By one litigant validly serving the other litigant with notice of its resumption within ninety days from the date it was struck off. Reason therefor. ArticlePleadings — Part Three · Source page 557

  28. - بوجه عام

    Principle 3288The 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 oPleadings — Part Three · Source page 557
  29. Principle 3291The appellee’s appearance at the first hearing scheduled for consideration of the appeal and the appellant’s failure to appear do not preclude consideration and determination of the appeal, since the appellant has prior Pleadings — Part Three · Source page 558

  30. - استئناف حكم مرسى المزاد

    Principle 3292Jurisdiction of the Civil and Commercial Circuit of the Court of Appeal to adjudicate insurance disputes. Its criterion. That the dispute is one of the disputes provided for in Articles 107, 108 of the Social Insurance LPleadings — Part Three · Source page 558

  31. حق التصدي

    Principle 3293Appeal against a judgment awarding an auction sale. Its cases. Article 277 of the Civil Procedure Law. They do not include invalidity of service at the sale or invalidity of the enforcement instrument. These must be pleaPleadings — Part Three · Source page 558
  32. Principle 3295The plea that an action may not be heard owing to the passage of time. Substantive. The first-instance judgment upholding it is an adjudication by which the court exhausts its jurisdiction. Upon reversing it, the appellaPleadings — Part Three · Source page 559
  33. Principle 3296The judgment basing its ruling of inadmissibility of the action on failure to observe procedures relating to the form of the proceedings and unconnected with the substance of the right claimed. The court does not therebyPleadings — Part Three · Source page 559
  34. Principle 3297If the Court of Appeal considers that the judgment appealed against, by which the court of first instance exhausted its jurisdiction. Is void, it must not stop at declaring that nullity but must determine the merits of tPleadings — Part Three · Source page 559
  35. Principle 3298The court of first instance ruling that the action is inadmissible for failure to observe the procedures prescribed by the legislature for enforcing the right. The court does not thereby exhaust its jurisdiction. Its revPleadings — Part Three · Source page 559
  36. Principle 3301The principle of litigation at two levels is among the fundamental principles and established tenets of the Kuwaiti judicial system. - The Court of Appeal addressing a matter not previously submitted to the court of firsPleadings — Part Three · Source page 560
  37. Principle 3302The court of first instance exhausting its jurisdiction by adjudicating the merits of the action. Nullity of that judgment for a defect that does not extend to the originating statement of claim. The Court of Appeal mustPleadings — Part Three · Source page 560
  38. Principle 3303The court of first instance's ruling that it lacks jurisdictional competence to hear the action does not exhaust its jurisdiction. The Court of Appeal's setting aside the judgment. Its effect. Remitting the action to it Pleadings — Part Three · Source page 560
  39. Principle 3304The Court of Appeal’s setting aside of the judgment on the principal claim. The case must be remitted to the court of first instance to decide the alternative claim. - 560 - ProcedurePleadings — Part Three · Source page 560
  40. Principle 3306The Court of Appeal. Does not stop at declaring invalid a judgment affected by a defect that does not extend to the statement of claim by which the proceedings were validly constituted. It must proceed to adjudicate the Pleadings — Part Three · Source page 561
  41. Principle 3307The Court of Appeal does not stop at declaring invalidity if it considers the appealed judgment invalid because of a defect in it or invalidity of the preceding proceedings, where the invalidity does not extend to the orPleadings — Part Three · Source page 561
  42. Principle 3308Litigation in an action can only be constituted between living persons. An action brought against a deceased person. It is deemed nonexistent, produces no effect, and cannot be cured by any other procedure, even if the pPleadings — Part Three · Source page 561

  43. الطعن بالتزوير أمام الاستئناف

    Principle 3310Establishment of the nullity of the judgment appealed against due to a defect in it or in the procedures preceding it, without the nullity extending to the originating petition or its service. The Court of Appeal must noPleadings — Part Three · Source page 561

  44. الإعادة لمحكمة أول درجة

    Principle 3311A challenge alleging forgery. Permissible at any stage of the action, even on appeal. Eleventh: Remittal to the court of first instancePleadings — Part Three · Source page 562
  45. Principle 3312The Court of Appeal's obligation to remit the action to the court of first instance if it sets aside its appealed judgment. Its criterion. - Nullity of the appealed judgment for a procedural defect. Its effect. The appelPleadings — Part Three · Source page 562
  46. Principle 3313The court of first instance’s exhaustion of its jurisdiction. An appeal against that judgment. Its effect. The Court of Appeal must decide the merits of the action without this being considered an assumption of original Pleadings — Part Three · Source page 562
  47. Principle 3314The court of first instance ruling that the action is inadmissible for lack of evidence is a ruling by which it exhausts its jurisdiction. The Court of Appeal reversing this judgment. Its effect. Remittal to the first inPleadings — Part Three · Source page
  48. Principle 3315If the Court of Appeal considers the appealed judgment, by which the court of first instance exhausted its jurisdiction, to be void, it must not stop at declaring that nullity so long as the nullity does not extend to thPleadings — Part Three · Source page
  49. Principle 3316The Court of Appeal proceeding to determine alternative claims not determined by the court of first instance. Impermissible. The reason for this.Pleadings — Part Three · Source page
  50. Principle 3317Giving the action its correct legal characterization. A duty of the court of merits in order to determine its jurisdiction. - The proceedings whose conclusion is considered are the original proceedings. A judgment declinPleadings — Part Three · Source page
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