The Delhi High Court on Thursday closed the right to lead the evidence of veteran Congress leader ND Tiwari in a paternity suit after he failed to appear for cross-examination before the local commissioner in his last opportunity.
Former additional district judge SM Chopra, appointed local commissioner by the high court for recording evidence on day-to-day basis, returned the case to the court after Tiwari failed to appear.
"The situation is such that the witness (Tiwari) is not present for his cross-examination in terms of the order of the division bench and he has not been appearing before the commissioner as already directed by the court.
"In the given circumstances, it does not make any sense to adjourn the matter for day-to-day recording of evidence by the Commissioner," the commissioner said in the order.
Tiwari was required to appear before the local commissioner for cross-examination in the paternity suit filed in 2008 by 32-year-old Rohit Shekhar, seeking to declare him as his biological father.
Tiwari, 90, was granted the last opportunity for cross-examination by the court and told to pay Rs 2.5 lakh, after which he sought mediation in the case while expressing his inability to pay the cost.
The high court on July 27, 2012 read out a DNA report in the case, according to which Tiwari was shown as Shekhar's biological father.
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