JUDGMENT : 1. We have heard the learned counsel for the parties. 2. Special leave is granted. 3. We have considered the circumstances leading to the listing of the writ petition before the High Court and its disposal ex-parte in the absence of the counsel for the present appellant, and we are of the view that the appellant should have been given a further chance of getting ready for final hearing of the case. A copy of the cause list of the 26th August, 1991 has been produced before us which shows that the name of the counsel of the appellant (respondent before the High Court) was not printed causing its non-representation before the Court. In the circumstances, we allow the appeal, set aside the impugned judgment and remit the writ petition No. 5420/'90 for decision on merits. There will be no order as to costs of this Court.