He claims he is the victim of a conspiracy and was forced to abandon his previous legal action against them.
The appeals court had struck out Santamil Selvi's suit against the ex-PM and wife saying it was too late.
This is on a High Court order for him to be grilled by the lawyers of PI Bala’s widow and her children.
Deepak is said to be in New Delhi for medical treatment, Santamil Selvi wants his defence filed struck out.
UPDATED 5.52PM | Lawyer Shafee informs court Deepak was warded yesterday and 'bleeding from at least one end'.
UPDATED 11.14AM | All the other eight defendants in the suit, including Najib and Rosmah, have filed their defence.
UPDATED 5.21PM | On suit filed by the widow of late private investigator P Bala that she linked to the family’s five-year exile.