Submitting secondary evidence

when plaintiff has got originals then let him produce, what is the necessity of producing copies of those corresspondence

Documents are being used as proof against plaintiffs, so next question is, can court order plaintiffs to produce original documents? WHat if he falsely claims they're lost?

No He is not bound to produce the documents. It is a settled princple of law the no can forced to produces evidence against himself. It is the duty of the housing society to submit the same to prove there case. Acceptance of document does not mean that the plaintiff them self has to produce the document. It means that the plaintiff has waive of his rights to cross examine the documents submitted by the Housing Society. In my opinion no wise court will pass such an order.
 

yes court will not order in normal circumstances but first you insist for order for production and on refusal seek permission to produce secondary evidence in form of copies of original.

You can examine Society alongwith original documents.You may produce copies(if possibly true copies from the society)show it to the pltff.in his cross exam.if he admits them they could be exhibited if court agrees,if not then you can get them exhibited by examining the society.

Above principle applies to a defendent!!! and not to a complainant!!!!!

You wrote ......."Plaintiff does not dispute the documents sent/received by him."

But still is not able to produce the originals. Does the plaintiff agree to the contents of the those docs? ........... the photocopies of which are on records?

If the society also has the originals of that 'inward' correspondance and society , while sending the 'outward' correspondance to the plaintiff, was also sending a cc to the defendent also!!!

and .. plaintiff wants to claim he lost it after receiving the those !!! ................. it won't stand frankly!

Also ............................. Plaintiff committing the misrepresentation of facts and telling the half truth and it may cause the prejudice to defendent ........................ and undue advantage to the plaintiff.

The one who expects equity must do equity.

Notice to produce is liable to be ordered against the plaintiff in the interest s of justice and for the facts to come to the fore.

Else adverse inference may be drawn if notice to produce not complied.