6.The trial Court, after considering the arguments advanced by both sides and finally held that the suit is filed for partition as against the defendants 1 and 2 but the revision petitioner, who is the third defendant in the suit impleaded only as a tenant. The trial Court further held that the oral evidence of the respondent/plaintiff, defendants 1 and 2 and one another witness viz., the husband of the revision petitioner/third defendant were over and the suit was posted for chief examination of the revision petitioner/third defendant. At this stage, the application has been filed to send the alleged document, Ex.B.7 the unregistered mortgage deed for comparison of thumb impression of the deceased Khader Bee. But, the revision petitioner has not filed any other document for comparing the thumb impression with the alleged document and therefore, the application is not maintainable. It is also held that the suit is only for partition and it has to be decided whether the respondent/plaintiff is entitled to partition or not and the revision petitioner/third defendant, who is the alleged tenant, has not mentioned in the affidavit that which document is to be compared with the Ex.B.7, unregistered mortgage deed. Further, the trial Court held that the application has been filed only to drag on the proceedings of the suit and hence, dismissed the application.
