M. Seetharama Murti, J.

This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 ('the Code', for brevity) by the unsuccessful plaintiff/appellant is directed against the decree and judgment dated 04.04.2005 of the learned V Additional Senior Civil Judge, (Judge, Fast Track Court) at Vijayawada of Krishna District passed in A.S.No.70 of 2002. The learned Additional Senior Civil Judge while dismissing the said first appeal had confirmed the decree and judgment dated 13.03.2002 passed in O.S.No.928 of 2000 of the learned III Additional Junior Civil Judge, Vijayawada filed for recovery of a sum of Rs.1,00,000/- against the 1st defendant-Andhra Bank and 2nd defendant United India Insurance Company Limited.

2. I have heard the submissions of the learned counsel for the appellant/plaintiff ('the plaintiff', for short) and the learned Standing Counsel for the respondents 1 and 2/defendants 1 and 2 ('the defendants 1 and 2', for short).

3. At the time of admission of this second appeal, this Court had formulated the following substantial questions of law:

"Whether the finding of the Courts below that the nominee of the policy is a necessary party to the suit filed by