The Delhi High Court on Tuesday “closed” Congress leader N.D. Tiwari’s right to lead evidence in a paternity suit against him after he failed to appear before the local commissioner for cross examination in the case despite its direction.

Retired Additional District Judge S.M. Chopra, appointed as local commissioner by high court for recording of evidence on day-to-day basis in the paternity suit, referred to the court’s direction to Mr. Tiwari to appear before him and said, “In view of the order of high court... the evidence of Defendant 1 (Tiwari) stands closed.”

The local commissioner remanded the matter back to Justice Vipin Sanghi before whom the suit is pending.

Appearing for Mr. Tiwari, his counsel Bahar-U-Barqi told the commissioner that his client “is not well and at present he is at Lucknow and unable to travel to Delhi.”

Justice Sanghi had on Monday directed that “In case he (Tiwari) does not turn up tomorrow (October 8) his right to lead evidence will be concluded.”

Meanwhile, 32-year-old Rohit Shekhar, who claims to be Mr. Tiwari’s biological son, filed a caveat through advocate Vedanta Varma in the court, saying that in case Mr. Tiwari moves against Justice Sanghi’s order, the court should not pass any interim order without hearing him (Shekhar).