Replaced empty series check with Series with columns
- [x] closes #39111 
- [x] tests added / passed
- [x] Ensure all linting tests pass, see [here](https://pandas.pydata.org/pandas-docs/dev/development/contributing.html#code-standards) for how to run them
- [x] whatsnew entry

This pull request is stale because it has been open for thirty days with no activity. Please update or respond to this comment if you're still interested in working on this. @rajat315315 can you add a test for this Sure. Thanks for the PR but it appears that this PR has gotten stale. If you're still interested in working on this, ping us and we'd be happy to reopen.