G. JOTHIMANI Vs. K.M. NACHIMUTHU

JUDGEMENT

(1.) C.R.P.No.485 of 2018 is filed by the defendant in O.S.No.590 of 2013 against the order made in I.A.No. 688 of 2015, which is an application under Order 7 Rule 11 of C.P.C, seeking rejection of the plaint.

(2.) C.R.P.No.486 of 2018 is against an order made in I.A.No.27 of 2016, which is an application filed by the plaintiff under Order 3 Rule 1 and 2 of C.P.C., seeking permission to prosecute the suit through the power agent.

(3.) The suit in O.S.No.590 of 2013 was filed by the respondent herein, represented by his power agent, Rameshkumar for recovery of sum of Rs.18,17,263/-, being the sale considertion due and payable by the defendant under two sale deeds dated 06.05.2013 executed by the power agent in favour of the defendant. It is the claim of the plaintiff that the defendant, who was the purchaser under the said sale deeds gave post dated cheques for payment of sale consideration and the cheques, on presentation, were returned unpaid with the endorsement "funds insufficient".