HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CIVIL REVISION No. - 42 of 2019 Court No. - 6 HON'BLE JASPREET SINGH, J. 1. Heard Mohammad Aslam Khan, learned counsel for the revisionist. Sri Abhineet Jaiswal, learned counsel for the respondent no. 3. 2. The instant revision has been preferred by the Waqf assailing the order dated 01.02.2019 passed by the Waqf Tribunal whereby a petition preferred by the present Waqf was non-suited by the Tribunal on the ground that it did not have the jurisdiction to entertain the petition. 3. During pendency of the instant revision, the Mutawalli of the Waqf Dr. Seema Nigar Alvi expired on 23.02.2023. In this backdrop, the revisionist had moved C.M. Application No. 03 of 2025 indicating in paras 1 to 4 and the prayer as under:- " 1. That in the above noted revision, Mutawalliya of Waqf No. 1176, Oudh Circle, Lucknow, Dr. Seema Nigar Alvi, sole revisionist, died on 23.01.2023, leaving behind her two sisters, namely Smt. Sameera Ayesha Alvi and Smt. Khadeeja Alvi, daughters of late Mohd. Shafi Alvi, residents of 285Ka, Saadatganj, Bibiganj, Lucknow. 2. That on the application made under Section 36 of Waqf Act, 1995 for registration of the waqf, Temporary No. (TN 127), Lucknow was allotted but the properties of the Waqf Board, maintained under Section 37 of the Waqf Act, 1995. Versus Counsel for Revisionist(s) : Mohammad Aslam Khan Counsel for Opposite Party(s) : Abhineet Jaiswal Waqf Hafiz Lutf Shah Lucknow Waqf No.1176 Thru. Dr .....Revisionist(s) U.P.Sunni Central Waqf Board Lucknow Thru Chief Exe. Officer .....Opposite Party(s) 3. That the last Mutawalli, namely, Late Mohd. Shafi Alvi, in terms of the Waqf Deed, appointed Dr. Seema Nigar Alvi, his elder daughter, as Mutawalliya and after her death, Smt. Sameera Ayesha Alvi became Mutawalliya and beneficiary of the Waqf. 4. That the limitation for filing the application for substitution under Article 137 of the Limitation Act, is 3 years, hence the application for substitution is within limitation. Wherefore, it is most respectfully prayed that Smt. Sameera Ayesha Alvi may kindly be appointed as Mutawalliya of the Waqf in place of Dr. Seema Nigar Alvi, now deceased, sole revisionist." 4. It is in the aforesaid backdrop that the counsel for the revisionist submits that the application under Order XXII Rule 3 C.P.C. be allowed and the matter may be heard on merits. 5. Sri Abhineet Jaiswal, learned counsel appearing for the respondent no. 3 has raised a preliminary objection on two grounds; (i) that order XXII Rule 3 C.P.C. has no applicability in case of a Waqf which has perpetual succession, hence, the provisions of order XXII Rule 3 C.P.C. are not applicable; (ii) That even otherwise the prayer made in the application states that the sister of the deceased erstwhile Mutwalli be appointed as a Mutawalli in place of Dr. Seema Nagar Alvi, which is also misconceived as the Mutawalli is to be appointed in terms of Section 63 of the Act of 1995 and this Revisional Court cannot appoint. 6. It is thus urged that the application is misconceived and deserves to be rejected. Coupled with the fact that the revision has also been rendered infructuous as in absence of any Mutawalli, the revision cannot be pursued, coupled with the fact that the issue of jurisdiction can always be raised afresh in case if the newly appointed Mutawalli has any cause especially noticing the nature of dispute which is sought to be agitated in the Waqf Tribunal. 7. Having considered the aforesaid submissions and from the perusal of CLRE No. 42 of 2019 2 the material available on record, as far as the application for substitution is concerned, this Court finds that the submissions of Sri Jaiswal has substance. 8. It is not disputed that the Waqf has perpetual succession. The Mutawalli being merely a person designated to take care of the Waqf, is an appointment by post. Upon death, there is no succession involved nor any cause subsists as provided under Order XXII Rule C.P., accordingly, the application for substitution for the aforesaid reason is bad, coupled with the fact that the applicant who has moved the said application namely Smt. Sameera Aisha Aliv, if advised, may move an appropriate application before the court concerned in terms of Section 63 of the Waqf Act, 1995. She cannot pray before this Court merely being in the status of the sister of the erstwhile Mutawalli of the Waqf to be appointed as the Mutawalli. 9. Thus, for the aforesaid reasons, the application is rejected. 10. Considering the nature of the order which has been passed which is under challenge in the revision without commenting on merits leaving it open for the Waqf through its duly constituted and appropriately appointed Mutawallis to approach the Authorities relating to the issue of jurisdiction which can be decided in an appropriate proceedings and in case any such proceedings are initiated then in such proceedings the order dated 01.02.2019 will not come in the way of the parties. 11. With the aforesaid, the revision is also disposed of in the aforesaid terms. November 27, 2025 Asheesh CLRE No. 42 of 2019 3 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench