JUDGMENT

Sanjay K. Agrawal, J. - This second appeal preferred by the plaintiffs under Section 100 of the CPC has been admitted by formulating the following substantial questions of law for determination:

"(1) Whether the Courts below have committed serious error or law by non-suiting the plaintiff in particular plaintiff No.2 in spite of admission in para 19 of the written statement that the plaintiff No.2 being the daughter of Gwal is entitled to succeed to the property of late Gwal?

(2) Whether the pleadings of adoption raised by the defendant No.1 has been proved in accordance with the requirement of a valid adoption under Sections 6 & 11 of Hindu Adoption and Maintenance Act, 1956?"

(For the sake of convenience, parties would be referred hereinafter as per their status shown and ranking given in the plaint before the trial Court.)

2. The suit property was held by one Gwal Yadav. Plaintiff No.1 claims to be his first wife married in chudi form and plaintiff No.2 claims to be daughter out of the wedlock of Gwal with plaintiff No.1, whereas defendant No.1 claims that he is adopted daughter of Gwal. Plaintiff No.1 claiming to be the wife of Gwal married in chudi form with Gwal an