Considering the report of the court-appointed commissioner that ND Tiwari has failed to file his evidence in the case, Justice Vipin Sanghi decided to close his right to lead evidence - submit oral evidence to questioning by his advocate or through cross-examination by counsel for the other party - in favour of his claim that the youth is not his biological son.

Former additional district judge SM Chopra was appointed as a local commissioner by the High Court for recording evidence on day-to-day basis in the case. In his report to the court, Chopra said that Tiwari neither filed his evidence within the stipulated time nor appeared before him for cross-examination August 21.

It also said that the Congress leader failed to lead his evidence despite opportunities granted to him. The court now posted the matter for September 18. On July 1, the local commissioner had granted four weeks time to Tiwari to file his evidence and the matter was posted for August 21 for personal appearance before him.

However, the counsel appearing for Tiwari had sought more time on Aug 2. The counsel also sought holding of Tiwari's cross-examination at a place other than the high court complex. The examination of Rohit Shekhar, the youth claiming Tiwari as his biological father, had been concluded by the local commissioner.

The commissioner had also concluded examination of Shekhar's mother Ujjawala Sharma and asked ND Tiwari to file his evidence by way of an affidavit. On July 27, 2012, the High Court had read out the DNA report in the case and according to which Tiwari was Shekhar's biological father.

Following the Supreme Court's order, the blood samples of Tiwari for the DNA test was taken on May 29 last year at his residence in Dehradun following which Tiwari had repeatedly contested against undergoing the DNA test on various grounds.


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