This comes with the Federal Court allowing Deepak's appeal that the matter need not heard in the High Court.
A five-member bench led by Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin allowed Deepak's appeal and made no order on costs.
The other judges were Federal Court judges Justice Zainun Ali, Justice Abu Samah Nordin, Justice Ramly Ali and Justice Balia Yusof Wahi.
Out of the three questions posed before the court, it only answered one: it gave a negative reply to the question on whether the filing of a single notice of appeal in respect of eight separate distinct interlocutory applications is in compliance with the procedural rules as set out in the Rules of the Court of Appeal 1995.
In other words, although there are nine separate defendants, a notice of appeal had to be filed on each of them.
This decision puts an end to Santamil Selvi's suit. She had previously filed an appeal over the striking out of her suit against prime minister Najib Abdul Razak, his wife Rosmah Mansor and six others that was struck out.
While the proceedings were going on today, a registrar told the panel that Deepak (photo) had discharged his counsel, Muhammad Shafee Abdullah, last Friday and would be appearing for today's proceeding himself.
However, Shafee, who was present in court, clarified to the bench that he has been re-appointed.
Lawyer Americk Sidhu appeared for Santamil Selvi.
First statutory declaration
Santamil and her three children had in 2014 filed an RM1.9 million suit for damages against the Deepak and the seven others on grounds of a conspiracy to put them into exile.
The seven others named are Najib, Rosmah, Najib's siblings Ahmad Johari and Nazim, senior lawyer Cecil Abraham, lawyer M Arulampalam and commissioner of oaths Zainal Abidin Muhayat.
Their exile, Santamil and her family claimed, was caused by Balasubramaniam's first statutory declaration, made sometime in July 2008, in which the late private investigator states that Najib knew the murdered Mongolian translator, Altantuya Shaariibuu.
The private investigator then retracted the first SD the very next day and signed a second one, after which he and his family disappeared.
The High Court struck out the suit by Selvi and her children against all the eight but in the Court of Appeal, Deepak claimed that the lawyer who appeared for him at the High Court did not represent him and he subsequently conceded to allowing the hearing of Santamil’s suit against him.
As a result of this, Santamil's suit against Deepak still stood as the businessman had earlier on Oct 2, last year, recorded the consent order, after he conceded on allowing the hearing of the suit against him.
Deepak, however, withdrew what he conceded, resulting in a hearing and a decision by the Court of Appeal to reinstate the suit and order the matter to go on trial at this High Court.
This has resulted in today's appeal.
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