JUDGMENT

Shree Chandrashekhar, J. - The petitioner is aggrieved of order dated 07.04.2017 passed in Title Suit No. 15 of 1997 by which his application under Order I Rule 10(2) CPC has been rejected.

2. Title Suit No. 15 of 1997 was instituted by Sanicharwa Oraon for a decree for declaration that he is the exclusive owner of the suit land and for a decree for recovery of possession of the suit land. Dilip Kachhap was defendant no. 1. During pendency of the suit the plaintiff as well as defendant no. 1 both died. In place of defendant no. 1 his wife namely, Milyani Kachhap and his daughter Kiran Kachhap were substituted. In their written statement the defendant nos. 1 and 1(a) have raised a preliminary objection on non-joinder of necessary party. They have pleaded that this petitioner-Ashok Kachhap was adopted by Dilip Kachhap during his lifetime and therefore he is a necessary party in the suit. The plaintiff admits that both plaintiff and defendants are governed by Oraon custom and according to law of inheritance if a person dies issueless his nearest agnates would inherit the family property and the female members are excluded from inheritance and succession. It is claimed by the d