Jurisdiction Can’t Be Conferred Through Amendments That Alter Nature of Suit: Bombay High Court (Goa Bench)

The Bombay High Court at Goa held that a plaintiff cannot invoke a civil court’s jurisdiction by amending pleadings to introduce jurisdictional facts that alter the nature of the dispute.

Justice Nivedita P. Mehta dismissed a writ petition against a trial court order that refused to allow such an amendment before ruling on an application for return of plaint due to lack of jurisdiction.

The Court emphasised that such amendments must be considered only after jurisdictional objections are addressed, as they fundamentally change the character of the plaint. (M/s. Vivienda Luxury Homes LLP v. M/s. Gregory & Nicholas & Ors.)