The Defendant submitted a number of documents in his evidence in Written Reply.
The Plaintiff has unequivocally admitted to every documents and not only that has "craved leave to refer to and rely upon the said documents when produced" in his Rejoinder.
Documents are photocopies of letter exchanged between society and the plaintiff. Originals are with Plaintiff.
However, now at Admission and Denial of documents stage, Plaintiff has back tracked and denying the documents on flimsy grounds that they are xerox copies.
Can I get the documents marked as exhibits in evidence since Plaintiff has already admitted to them in his Rejoinder and is not producing the originals that are in his possession?
My opinion is that, yes, secondary evidence can be admitted becasue the originals are in possession of the party against whom the documents to be proved as per Indian Evidence Act:
65. Cases in which secondary evidence relating to documents may be given
Secondary evidence may be given of the existence, condition, or contents of a documents in the following cases:-
(a) When the original is shown or appears to be in the possession or power—
of the person against whom the document is sought to be proved , or
of any person out of reach of, or not subject to, the process of the Court or
of any person legally bound to produce it,
and when, after the notice mentioned in section 66, such person does not produce it;
(b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;
Am I proceeding correctly?
