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Tuesday, Feb 08, 2011
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N. D. Tiwari
NEW DELHI: The Delhi High Court on Monday dismissed the plea by senior Congress leader N.D. Tiwari for stay on a Single Bench order directing him to undergo a DNA test to decide a young man's claim that he is the biological son of the veteran leader.
Mr. Tiwari has to appear before the High Court's Joint Registrar on Tuesday to fix a date for collection of his blood samples. He had sought a stay on that.
A Division Bench of the Court comprising Justice Vikramjit Sen and Justice Siddharth Mridul rejected his plea.
The Single Bench of Justice Rajiv Sahai Endlaw had ordered Mr. Tiwari to undergo the test based on a suit by Rohit Shekhar.
“The wider interest of a child not being declared a bastard has to be kept in mind,” Justice Endlaw had said while allowing Mr. Shekhar's suit.
The petitioner's right to know his biological father and the negative DNA test report of his foster father had weighed with the Court in deciding the matter in favour of Mr. Shekhar.
Another Single Bench of Justice S.N. Dhingra had earlier dismissed his suit saying that it was time-barred, and that the Court did not have the jurisdiction to hear it.
However, a Division Bench had later quashed Justice Dhingra's order and restored Mr. Shekhar's suit. Thereafter, the matter came before Justice Endlaw who asked Mr. Tiwari to undergo the test.
Allowing the appeal against Justice Dhingra's order, the Division Bench had said that if the Single Judge was convinced that the Delhi High Court or any other court in Delhi did not possess territorial jurisdiction to adjudicate upon the suit, he was bound to return the plaint.
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