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Report No. 89

IV Position in U.S.A.

30.22. U.S. Federal Rules.- The U.S. Federal Rules of Civil Procedure read as unde.-

"(c) Relation Back of Amendments.- Whenever the claim or defence asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against him, the party to be brought in by amendme.-

(1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defence on the merits, and

(2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.

The delivery or mailing of process to the United States Attorney, or his designee, or the Attorney General of the United States, or any agency or officer who would have been a proper defendant if named, satisfies the requirement of clauses (1) and (2) hereof with respect to the United States or any agency or officer thereof to be brought into the action as a defendant."

The Limitation Act, 1963 Back

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