Justice Vipin Sanghi refusing to grant relief to 88-year-old Tiwari, who sought adjournment of proceedings for eight weeks citing health reasons, said: "It appears the last opportunity granted to him was exploited and abused by moving this application."
"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 Oct 8, Tiwari is required to appear before high court appointed local commissioner S.M. Chopra, a former additional district judge, for recording evidence on day-to-day basis in the case.
"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 the medical reports of Tiwari.
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 claimed Tiwari is his biological father.
Shekhar filed the paternity suit against ND Tiwari in 2008.
Tiwari sought postponement of his questioning, claiming he would be unable to travel from Lucknow to Delhi on account of his ongoing treatment of heart ailment.
Shekhar filed the paternity suit in 2008, claiming that the veteran Congress leader is his biological father. Tiwari then refuted his claim.