any defaulter can be sued, but the case is lost because of merits advocate is not liable. It may be there that he must have promise to win, but could not won because of some merits went against and therefore advocate is not liable. In all cases all advocates including our opponent advocate also promise for victory, it always happen that only one wins. Many times advocate give fake promise even after knowing that client will be loser and some times circumstances do not help we are unable to convince hon'ble judges for our correctness or its merits even if they are genuine. For filing suit for default before 2 years - it is within Indian Limitation Act.