MANISH PITALE, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.

2. An interesting question arises in the present writ petition, as to whether the report of bailiff on a summons issued by a Court could be said to be public document under Section 74 of the Indian Evidence Act, 1872 and consequently placing certified copy of the same would amount to proof of contents thereof under Section 77 of the said Act.

3. The petitioner herein was the original defendant no.1 in a suit filed for declaration and possession. The respondent no.4 herein was added as defendant no.7 in the said suit but the suit abated against him. A counter claim had been filed on behalf of respondent no.4 in the suit about which the petitioner had no intimation or knowledge, as a result of which he failed to file any written statement to the same. The Court of Civil Judge, Senior Division, Amravati (trial court), allowed the counter claim filed by respondent no.4 and passed a decree against the co-defendants, including the petitioner herein.

4. It was the case of the petitioner that he came to know about passing of decree on counter cla