Justice Vipin Sanghi refused to grant relief to the 87-year-old Tiwari who, through an application, sought adjournment of the proceedings for eight weeks, citing health reasons.
“It appears the last opportunity granted to him was exploited and abused by moving this application,” the court said.
“If he doesn’t appear before the local commissioner tomorrow, his right to lead evidence would be concluded. The petition is dismissed,” the court added.
On Tuesday, Tiwari is required to appear before the high court-appointed local commissioner SM Chopra, a former additional district judge, for recording evidence.
“Tiwari is active in public life and is able to travel to Delhi. There is no medical exigency for him to remain in Lucknow and not to travel. He is active even in this age,” the court said, taking on record his medical reports.
The court also took note of media reports that showed him making various public appearances. The reports were tendered by advocate Vedant Verma appearing for Rohit Shekhar, the youth who has claimed that Tiwari is his biological father.
Shekhar filed the paternity suit in 2008.
The high court July 27 last year read out a DNA report in the case, according to which Tiwari was shown as Shekhar’s biological father.
On May 29, 2012, Tiwari had given blood samples for the DNA test at his residence in Dehradun following the Supreme Court’s order.