New Delhi: Veteran Congress leader N D
Tiwari today sought the Delhi High Court order for deletion of
new facts added in the paternity suit filed by a young man
claiming to be his biological son.
Appearing for Tiwari, former Andhra Pradesh Governor,
Senior counsel Chetan Sharma raised objections to the
additional facts incorporated by Rohit Shekhar in his fresh
paternity suit.
The lawyer argued the single judge permitted him to
withdraw the first lawsuit, which he had filed in 2007, on
technical ground but not to amend the suit and incorporate
new facts into it.
Sharma said Rohit (31), who claims to be the
biological son former Chief Minister of UP and Uttarakhand,
should have sought the court's permission to amend the suit
with the new fact that he had tried to meet Tiwari at an
airport in 2005.
"The court did not grant permission to him to file a
fresh petition after incorporating the new facts into the
suit," Tiwari's counsel said referring to the March 2008 order
of the court.
"It is new juxtaposition incorporated in the amended
lawsuit. Let him (Rohit) file the suit with earlier
contentions, then he should move an application seeking
amendment in it and let the court to consider his plea," the
counsel said.
Rohit, in the fresh lawsuit, alleged his request to
meet Tiwari was deliberately turned down.
Meanwhile, he also moved an application to direct
Tiwari for a DNA test to determine the parentage, on which the
court fixed August 13 for further hearing of the case.
The apex court had on May 10 dismissed the appeal
filed by Tiwari challenging the High Court's decision to
adjudicate the paternity suit.
Rohit claimed he was born out of a relationship between
his mother Ujjwala Sharma and Tiwari, a charge denied
by the 84-year-old Congress leader.
Tiwari had earlier refused to undergo DNA test and denied
ever having any physical relationship with his mother.
He had to resign as Governor of Andhra Pradesh after
he was purportedly shown in a sting operation to be in a
compromising position with three women.
Earlier, the High Court had dismissed the plea by Tiwari
who sought 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
First Published: Friday, July 30, 2010, 22:49