Can we file summary suit for debt after 3 years ?

Application for condonation of delay can be filled mentioning grounds for delay and seeking condonation for the same as these grounds where beyond your control hence the delay may be condoned and suit allowed to be filled. The court will apply it's judicial discreation and may allow your application for condonation of delay for filling money recovery suit within the period of 3 years from the date money was due from the respondent.

The limitation is 3 years.However, the delay be condoned by court if sufficeint cause has been shown.Its discretion of Court.

I am of the view that limitation Act does not apply to a suit, and the creditor may file suit only after obtaining acknowledgement from the debtors under the limitation act.That is a promise to pay time barred debt.

No remedy.

 

Yes, no legal remedy, unless there is a promise in writing by the debtor to pay time barred debt. Limitation only prohibit the court from entertaining the suit, hit by limitation period, not the right of the creditor from demanding the outstanding debt from the debtor.Once the debtor promise to pay time barred debt in writing,there will be  fresh period of limitation, and on breach of the same, the credotor can file suit based on promise  to pay time barred debt.

Central Government Act

The Indian Contract Act, 1872

25. Agreement without consideration, void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law.

https://indiankanoon.org/doc/171398/

THE LIMITATION ACT, 1963

18. Effect of acknowledgment in writing.

19. Effect of payment on account of debt or of interest on legacy.—

https://lawmin.nic.in/ld/P-ACT/1963/A1963-36.pdf

Also go thru the communications exchanged and check if there is any document pertaining to admission/default/promise to pay/part payment/refusal to pay/promise to pay in reply…… that can fetch relief to reset the clock for limitation….

Or any contract to pay time barred debt…

Usually the establishments have their own legal cells or have retained Lawyers/Law Firms to handle such matters.

Refer the matter to them and they shall revert to you and/or handle the matter.

 

Try to get promise to pay the (time barred) debt.