https://www.taxtmi.com/caselaws?id=296146 A suit for declaration and permanent injunction cannot be converted by amendment into a partition suit where the pleadings and reliefs are fundamentally different. A preliminary decree for partition is also unsustainable in a partial partition action unless all co-sharers and the entire joint family estate are before the court. Findings that have attained finality due to abatement cannot be reopened. On these principles, the conversion of the suits into partition suits and the grant of a preliminary decree for a share were set aside, and the decree of the trial court as affirmed in first appeal was restored. en-us Wed, 11 May 1994 00:00:00 +0530 Tue, 06 Jul 2021 13:06:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296146 A suit for declaration and permanent injunction cannot be converted by amendment into a partition suit where the pleadings and reliefs are fundamentally different. A preliminary decree for partition is also unsustainable in a partial partition action unless all co-sharers and the entire joint family estate are before the court. Findings that have attained finality due to abatement cannot be reopened. On these principles, the conversion of the suits into partition suits and the grant of a preliminary decree for a share were set aside, and the decree of the trial court as affirmed in first appeal was restored. Case-Laws Benami Property Wed, 11 May 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296146