Is this reason enough to change my lawyer ?

Jagan Mohan,

As per your contention I understand that your case is posted for framing of issues after the defendant filed the written statement?  If yes, after the court frames issues, you will let in your evidence in chief as PW1 (if you are a plaintiff) and you will be cross examined by the opposite lawyer and after closing your side evidence, the defence side evidence will commence and during that time your lawyer will get a chance to cross examine the defendant on the points he raised in his written statement.  You make sure to advise your advocate with relevant points at that time. 

Mr.Kalai Selvan Sir,

Thank you for your reply

We are DW2, the subsequent buyer  - The dispute is between plaintiff - PW1 agreement holder and Builder DW1

Agreement of PW1 cancelled by DW1 due to non payment of installments ( not revealed to DW2 )

We are accused of colluding with DW1

Trial proceedings between DW1 and PW1 are said to be over

DW2 filed Evidence in chief stating that the allegations of PW1 are fabricated and his suit is legally not admissable and the alleged agreement of his is invalid as per the terms and conditions there in.

Lawyer of DW2 won't state even orally whether the said agreement is valid or Invalid saying that that is to be decided by the Judge in the end

Now the doubt is how can he state in the Evidence in chief of DW2 that -  " In fact the plaintiff alleged agreement is null and void and cancelled for his default in the payment of installments as shown in the agreement " when he wont state the same thing when asked ,even orally leaving it to Judge

The probable answer I found my self is that - " As per the terms given in the agreement it self,the agreement is clearly Null and Void but PW1 may have submitted additional evidence that may be interpreted by the Judge as a reason to consider the same agreement as valid "

So,stating that The Agreement of DW1 and PW1 is Null &Void is absolutely true if solely based on the terms and conditions given in the agreement and in the absence of any additional evidence suggesting otherwise "

This is the probable answer I have tried to satisfy my self with.

Looking forward to your valuable your inputs

Thank you
 

Mr. Jagan Mohan,

If your statement that the sale agreement between plaintiff and the d1 has been cancelled on the conditions of null and void and the same has been reiterated by D2 deposing evidence as DW2 or through his written statement, what is the problem which is worrying you now.  If the plaintiff is deposing additional evidence in the form of additional proof affidavit, you may file additional written statement countering his claims.  Lawyer of D2 need not depose anything before the court either orally or in written, he will do everything only on the instructions of his client because he represents his client before the court.  The lawyer need to argue all the weak/strong points only during the final arguments.  While the case in the court is yet to be completed, do not jump into any conclusion on your own, wait and watch the development patiently.