PRABHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Single judge passed on 19.9.2007 in C. W.J.C. No. 14939 of 2006, whereby the writ petition was dismissed in the absence of the learned counsel for the petitioner on merit.

(2.) HEARD learned counsel for the parties. Having perused the impugned order, we find that writ petition was not dismissed for want of prosecution, which course in our opinion ordinarily ought to have been adopted by a Court, when there is none in the court to prosecute the case on behalf of the petitioner. In that event, the petition at best could have been dismissed for want of prosecution.

(3.) BE that as it may, looking to the order and in the facts and circumstances of the case, we propose to decide the controversy on merit of the case itself to which the learned counsel have agreed to.