Shekhar had filed an appeal before the division bench of Justices SK Kaul and R Shakdher challenging an order passed by Delhi High Court's Justice Gita Mittal, who had observed that Tiwari could not be compelled, forced or confined to give his blood sample for a DNA test.
After the matter came up before the division bench, Justice Kaul refused to hear the matter observing that his brother, advocate NK Kaul, would be appearing for Tiwari.
The court directed the matter to be listed before another bench for hearing on November 22.
Justice Mittal had on September 23 ruled: "Tiwari cannot be physically compelled or confined for submitting a blood sample for DNA profiling to implement its December 2010 judgement."
At the same time, Justice Mittal also recorded that Tiwari's persistent refusal can lead to the presumption that he is Shekhar's father.
New Delhi: The Delhi High Court on Tuesday refused to hear an appeal filed by Rohit Shekhar, who claims to be the biological son of Congress leader ND Tiwari, against the single bench order given in a paternity suit filed against the veteran politician.
First Published: Tuesday, November 15, 2011, 15:45