Legal Question in Civil Rights Law in India

Dear Rajeev Gupta Sir

My father (62) has filed one civil case against me (30) and my mom (56) in 2006 in Varanasi denying having any relationship with me and not allow us (me and my mom) to use his name and not let us claim the benefit in his (Fathers) property and service record (our name should not be included) and has denied having any relationships with us ( me and my mom),but we have all the evidences like photographs and id card and also 125 CRPC maintenance order( Passed in 2002) of Rs.500/- p.m. in favour of my mother.My mother has also got R.O. in a Domestic Voilance Act Case with my father in Feb�2012. Also my mother has got some enjunction (Passed in 2011) on some plots of land of my father under maintenance on charge.

The Summons of the above case which was filed in 2006 was served to my mother but not to me. We both are party in the above civil case of 2006 in Varanasi.

Due to oversight and some reason my mother forgot to tell me about this pending case which was in varanasi but her advocate has put one written statement in September�2007 but post 2007 her Advocate (my mother) has not attended this case and my mother forgot to inform me about this pending case as we are too much far from varanasi.

Recently on 27th Janaury�2012 my father put the ad in newspaper that I (Myself) is also aware of this case and the court in Varanasi has passed one ex-parte judgement on 3rd Feb�2012 only after one week of this ad. That we (me and my mother) should not be allowed permanently to claim rights in his property and our name should not be included in the service record. Nor we can claim any monetary relief and any compensation from him (My Father). He has already given the name of his mistress as wife in his service record.

But ,The Date of Final Argument has been on this Ex-Parte Judgement fixed on 6th March�2012 next week for this judgement.

Can I apply for the recall of this ex-parte order that prevents from claiming the rights in my fathers property (ancestoral) and entering our name in his service record with BHU on the ground that I am not aware of this case nor I have received any notice or summons for it.

Can my mother file application against this exparte order also because infuture it might cause problem for her R.O.and 125 CRPC court order of Rs.500/-p.m. and also the enjunction order on some plots of my father under maintenance on charge.

Please Suggest us the Way.We are really in trouble.

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