S.J. Mukhopadhaya, J.

Both these appeals arise out of common order dated 17th July, 2007, passed in two different applications, one preferred by the plaintiff and other by the defendant. They were heard together and disposed of by this common judgment.

2. R.Madesh, appellant of O.S.A. No.227/07 is the plaintiff whereas A.M.Rathinam, appellant of O.S.A. No.288/07 is the defendant in the suit. The plaintiff preferred suit for recovery of a sum of Rs.25,50,000/= advanced by the plaintiff to the defendant and for permanent injunction and other reliefs. Originally, an order of interim injunction was granted on 18th April, 2007. In view of interim order, the defendant, while preferred an application for vacating the stay, an application under Order VII Rule 11 (d) of the Code of Civil Procedure was also filed by the defendant to dismiss the suit, being barred by limitation. By impugned common order dated 17th July, 2007, learned Judge, while refused to reject the plaint, mixed question of fact and law being involved, pursuant to the other application, vacated the interim order of injunction.

3. Learned counsel appearing on behalf of the plaintiff (appellant in OSA No.227/07)