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Amount was wrongly drawn so can we file a case after 5years


24-Sep-2025 (In Criminal Law)
Amount was drawn wrongly with out informing the bank after the death. After 5years can we file a case in the court. 55000+interest what is the court fee.
Answers (2)

Answer #1
950 votes
Yes, you can file a case, but limitation may apply since it’s been 5 years. You must explain the delay with a condonation petition under Section 5 Limitation Act. Court fee depends on state law; generally, for ₹55,000 it’s around 3-4% of the claim amount, plus fixed fees. Consult a local lawyer for exact calculation.
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Answer #2
824 votes
You can file a civil suit for recovery of the amount, but note that under the Limitation Act, 1963, the limitation period for filing a money recovery suit is generally 3 years from the date when the cause of action arises. Since 5 years have passed, the defendant may raise a limitation objection. However, if you have valid reasons for the delay (such as late knowledge of wrongful withdrawal), you can file an application under Section 5 of Limitation Act seeking condonation of delay — the court may admit the case if justified. Court fees depend on the suit valuation (₹55,000 + interest claimed) and is calculated as ad valorem under the Court Fees Act of your state (usually around 4–7% of claim amount). Consult a local civil lawyer to compute the exact fee and prepare a proper plaint to avoid dismissal on technical grounds.
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