We are defendent in a civil suit related to an immovable property.
Here are list of evants and orders so far.
1) Trial court dismissed the suit of plaintiff on grounds of limiation and merits.
2) Plaintiif reached district court (First Appellate Court), this appellated court remitted the case back to trial court for consideration of expert of opinion on disputed document.
3) Plaintiff and Defendant both reached high court, plaintiiff contention was that instead of limited remand fresh remand is needed. Defendant was against the remand order. High court rejected our appeal as defendant and remitted the suit back to trial to be decided afresh.
4) Trial commenced again with everything fresh, trial court again dismissed the suit of plaintiff on grounds of limitation and merits.
5) Plaintiff again reached district court (First Appellate Court), this court remanded the case again for consideration of expert opinion.
Now can we raise issue of limiation while challenging first appellate court remand order in high court?
Can the high court say why didn't we raise issue of limiation in First Appellate Court? If yes, then what is the remedy available to us? We cant go to trial court again and again is the suit is barred by limitaiion
