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A Bench headed by Chief Justice A P Shah asked Tiwari to give his response by February 9 on the suit filed by Rohit Shekhar, 30, seeking its direction to declare Tiwari is his biological father.
Shekhar filed an appeal before a Division Bench challenging a single-bench order which had dismissed his petition on the ground that it was not maintainable.
Justice S N Dhingra had on November 3 last said the suit filed by Shekhar is not maintainable and allowed the plea of 84-year-old Tiwari who had sought dismissal of the petition.
The Court had said that it did not have the territorial jurisdiction to hear the case as Tiwari, then Andhra Pradesh Governor, was in Hyderabad and a suit against him could be filed only in that city.
The appeal comes within days of Tiwari resigning as Governor in the wake of a sex scandal with a news channel purportedly showing him in a compromising position with three women. Tiwari has dismissed the allegation as "baseless".
A law graduate, Shekhar, 30, filed the suit claiming he was born out of an intimate relationship between his mother Ujjwala Sharma and Tiwari, a charge denied by the latter.
Tiwari was earlier directed by the court in November 2008 to file his reply in which he had refuted all the allegations and submitted that the suit was filed to malign him.
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