An application for partition shall contain the prescn.bedpan.culars and shall be accompanied by a certified copy of the annual register of estate holder sand by any other document son which the claim for partition is based and may be presented by one or jointly by two or more of the recorded Go-shares of an estate :
Provided that. when any share is in possession of a mortgage no application of partition by either Mortgagor or mortgagee shall be entertained unless both have fained in such application or unless either of them has been made the opposite party thereto.