The Delhi High Court on Tuesday ceased the right of senior Congress leader N.D. Tiwari to lead evidence in a paternity suit.
The Local Commissioner, S.M. Chopra, before whom the Court had directed Mr. Tiwari to appear for the cross-examination, passed an order to this effect when he failed to appear for the scheduled proceeding.
The suit has been filed by Rohit Shekhar seeking a decree to declare him the biological son of the Congress leader.
Later, Mr. Chopra directed the Registry to list the suit before the Court concerned.
At the beginning of the hearing by the Local Commissioner, counsel for Mr. Tiwari said that he was not well. He was at present in Lucknow and was unable to travel to Delhi.
Mr. Chopra closed Mr. Tiwari’s evidence referring to an order passed by Justice Vipin Sanghi on Monday. The suit is pending before him.
Justice Sanghi in his order had said that “it is made clear that in case the defendant no.1 (Mr. Tiwari) does not avail of the opportunity granted to him by the order dated 18.9. 2013, his right to lead his evidence shall stand closed.’’
Justice Sanghi had passed the order while rejecting Mr. Tiwari’s plea for exemption for eight weeks from appearance for the cross-examination by Shekhar and his mother Ujjawala Sharma on medical grounds.
Describing his conditions as “publicly active’’, Justice Sanghi had dismissed his application.
Justice Sanghi had also agreed to a submission by counsel for Shekhar that Mr. Tiwari was publicly active before and after September 25 on which he claimed, on the basis a medical report issued by the Department of Cardiology, King George’s Medical University, Lucknow, that he was admitted there for treatment of his heart problems.
It seemed he was performing at a public function and thereafter sat on a dharna in Lucknow, Justice Sanghi had said in his order after going through the newspapers’ clippings submitted by counsel for Shekhar showing Mr. Tiwari’s activities at public places.