Justice Vipin Sanghi considered a report of a local commissioner that the Congress leader has failed to file his evidence by way of an affidavit in the paternity case despite opportunities granted to him.
"The right of defendant No.1 (Tiwari) to lead evidence has been closed. Put up the case on September 18 for further proceedings," the court said.
S M Chopra, a former additional district judge, was appointed as a local commissioner by the high court for recording evidence on day-to-day basis in the case.
He has filed a report to the judge that 88-year-old Tiwari neither filed his evidence within the stipulated time nor appeared before him for cross-examination on August 21.
Considering the report of the local commissioner, the high court decided to close the right of Tiwari to lead evidence in favour of his claim that he did not father 32-year-old Rohit Shekhar.
The local commissioner had on July 1 granted four weeks time to Tiwari for filing his evidence and listed the matter on August 21 for personal appearance before him.
However, on August 21, the counsel for Tiwari sought more time besides seeking holding of his cross-examination at a place other than the high court complex.
Earlier, the local commissioner had concluded the examination of Rohit and his mother Ujjawala Sharma and asked Tiwari to file his evidence by way of an affidavit.
The leader has so far refused to settle the lawsuit out of court through mediation saying there is a possibility that the medical evidence is not 100 per cent accurate.
The high court had on July 27 last year read out the DNA report in the case according to which Tiwari was shown as Shekhar's biological father.
Tiwari had given blood sample for the DNA test on May 29 last year at his residence in Dehradun following the apex court's order in the case, after repeatedly contesting against undergoing the test on various grounds.
Tiwari's pleas had been objected to by Rohit who had filed the paternity suit in 2008, claiming that the veteran Congress leader is his biological father. Tiwari had refuted his claim.
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