Delhi HC reserves order on plea of ND Tiwari

Delhi HC reserved its order on an appeal filed by senior Congress leader ND Tiwari, against a decision by its single judge to impose costs of Rs 75,000 on him in a paternity suit filed by a man claiming to be his biological son.

Last Updated: Sep 24, 2010, 13:53 PM IST

New Delhi: The Delhi High Court on Friday reserved its order on an appeal filed by senior Congress leader ND Tiwari, against a decision by its single judge to impose costs of Rs 75,000 on him in a paternity suit filed by a man claiming to be his biological son.

A bench comprising Justices Vikramjeet Sen and Mukta Gupta reserved the order after hearing arguments from counsel of both the sides.

Appearing for Tiwari, senior counsel Rajiv Nayyar submitted that earlier the court had allowed Rohit Sekhar, the man claiming to be the leader`s son, to withdraw the suit not
with a permission to add news facts into it.

However, when he filed a fresh suit, he added certain new facts relating to his attempts to meet Tiwari in 2005. This (addition) had not been permitted by the court then, the
counsel argued.

Challenging his arguments, Sekhar`s counsel Sudhir Nandrajog said incorporation of new facts is not a dilution of the suit as the cause of action or bone of contention remained there.

84-year-old Tiwari has approached the division bench after a single judge of the High Court had on August 13 dismissed his plea seeking deletion of certain paragraphs from
the paternity suit and imposed costs of Rs 75,000 to be paid to Shekhar.

Tiwari contended that the judge erred in rejecting his plea and imposing the costs without issuing notice to the other party.

"The single judge miserably failed to appreciate that the dismissal of his application along with the imposition of the costs of Rs 75,000 is untenable in the eyes of law and
contrary to the principles of natural justice and also setting a draconian precedent," the former Andhra Pradesh Governor said in his appeal.

Tiwari had sought deletion of the paragraph from the suit in which Shekhar had alleged that the veteran leader avoided meeting him at Delhi Airport when he made an attempt
to do so in 2005.

Earlier, the leader had refused to undergo a DNA test and denied ever having any physical relationship with the petitioner`s mother.

In an affidavit filed in the court, Tiwari had hit back at the woman Ujjwala Sharma, who is also a Congress leader, and her son, saying, "he did not have and never had
any physical relationship with her.

"The plaintiff (Rohit) is not entitled to seek a DNA test as a matter of right. The same is contrary not only to the law but also to equity," he had said.

"To say that he developed a liking for her (Ujjwala) and that after 8-10 years they entered into a relationship, is scandalous and defamatory," the former Uttarakhand chief
minister had said.

"The plaintiff (Rohit) is not my son. The question of acknowledging anything as alleged is denied. Every allegation/insinuation is denied," he had said, adding he was
a devoted husband during that period.

The High Court had also rejected Tiwari`s plea for dismissal of the petition on the ground that it was filed 31 years after the petitioner was born in order to malign his
character.

PTI

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