The Delhi High Court on Tuesday closed the right to lead the evidence in Congress leader ND Tiwari's paternity suit after he failed to appear for cross-examination before the local commissioner, despite its direction.
Former additional district judge SM Chopra, appointed as local commissioner by the Delhi High Court for recording evidence on day-to-day basis in the case, referring to Justice Vipin Sanghi's direction issued on Monday, said: "In view of the High Court order, the evidence of Tiwari stands closed."
"Tiwari is not present for his cross-examination. Counsel for Tiwari states that he is not well and at present he is in Lucknow and unable to travel to Delhi," the commissioner added.
Tiwari was required to appear before the local commissioner for cross-examination in the paternity suit filed by a 32-year-old man, Rohit Shekhar, seeking to declare him as his biological father.
Justice Sanghi on Monday, declining the 88-year-old Tiwari's plea for adjournment of proceedings for eight weeks citing health reasons, said: "It appears the last opportunity granted to him was exploited and abused by moving this application. If he doesn't appear before the local commissioner tomorrow (Tuesday), his right to lead evidence would be concluded. The petition is dismissed."
Meanwhile, counsel Vedant Varma, appearing for Shekhar also filed caveat application in the Delhi High Court saying if Tiwari filed any application regarding the case, it should be heard before passing of any order.
Shekhar filed the paternity suit in 2008, claiming the veteran Congress leader is his biological father. Tiwari then refuted his claim.
Tiwari's blood sample for the DNA test was taken May 29 last year at his residence in Dehradun following the Supreme Court's order in the case.
Earlier, Tiwari repeatedly on various grounds contested orders to undergo the DNA test.
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