The Court of Appeal has fixed Dec 18 to deliver its decision on whether to reinstate at the High Court A Santamil Selvi's and her three children's suits totalling RM1.9 million against carpet businessperson Deepkak Jaikishian.

This suits are over Deepak allegedly conspiring with seven others including Prime Minister Najib Abdul Razak and his wife Rosmah Mansor to have them leave the country between 2008 and early 2013.

This was after Santamil's husband, the late private investigator P Balasubramaniam, alleged in his first statutory declaration that Najib knew murdered Mongolian national Altantuya Shaariibuu.

The submission to reinstate the suit was made by Santamil's lawyer, Americk Sidhu, with Deepak's lawyer Wan Azmir Wan Majid arguing against before a three-member bench today.

Appeals Court judge Justice Vernon Ong led the panel. The other two judges were Justice Abdul Rahman Sebli and Justice Zamani A Rahim.

On Tuesday, Najib, Rosmah and five others managed to strike out the appeal on the suit against them by Santamil.

The other five were Najib's siblings Ahmad Johari and Nazim Abdul Razak, senior lawyer Cecil Abraham, lawyer M Arulampalam and commissioner of oaths Zainal Abidin Muhayat.

The High Court in Kuala Lumpur on Dec 11, 2014, without a full hearing, ‎ struck out the RM1.9 million suit PI Bala’s widow filed against Najib, Rosmah and seven others.

Justice Hasnah Mohamed Hashim said Santamil has no locus standi (legal standing) to file the suit because she does not possess any letter of administration to manage the late private investigator's estate.

At the Court of Appeal, Deepak removed his lawyer on the grounds that he had never appointed the person at the Kuala Lumpur High Court to represent him.

It was previously reported that Deepak had conceded before the same panel to allowing the hearing suit against him filed by Santamil and initially the case was remitted back to the High Court.

However, (Cecil) Abraham had written a letter to the Court of Appeal president Justice Md Raus Sharif, three days after the appellate court decision, complaining that the appeal was not done in a proper manner, on the grounds that a consent judgment cannot be recorded between Santamil and Deepak at the Court of Appeal.

Justice Raus had sat and led in the apex panel on Tuesday, where lead counsel Gopal Sri Ram for Santamil, had asked the Court of Appeal president to recuse himself, but the judge refused.

This resulted in today's proceeding against Deepak where Americk submitted on merits, saying there were serious triable issues and it was wrong for the High Court to struck out the suit.

Americk said Santamil was suing in her personal capacity as Balasubramaniam's wife and also she represented their three children.

Hence, it was wrong for the High Court to dismiss her suit on the grounds that she has no locus standii just because she does not possess the letters of administration to the estate.

Meanwhile, Wan Azmir pointed out that the plaintiffs had failed to provide particulars of the alleged conspiracy with regard to the suit.

He also said the pleadings (suit) seemed to be random facts, where the plaintiffs alleged they were asked to go overseas as there were elements of conspiracy.

“However, the plaintiffs did not show in the pleadings (statement of claim) how elements of conspiracy were there between the alleged defendants and how Deepak played a role,” Wan Azmir said.