Prime Minister Najib Abdul Razak has applied to strike out Petaling Jaya Utara MP Tony Pua's suit against him for misfeasance in public office in relation to 1MDB.

Among the grounds Najib stated are that Pua filed the suit for political purpose and that he (Najib) is not a public officer nor a government servant.

Najib, who was represented by Nik Alia Hanafi, also raised the question of Pua's legal standing in initiating the suit and claimed that the ingredients of tort of misfeasance in public office have not been fulfilled

The prime minister filed the application on Tuesday but the documents were only made available to Pua's lawyer today.

This was highlighted by Pua's lawyer Joanne Chua during case management of the suit before judge John Louis O'Hara in the High Court in Kuala Lumpur.

Chua told reporters that Justice O'Hara also allowed Najib's application for a stay in filing his defence.

Meanwhile, the government, named as the second defendant, has indicated that it will also file an application to strike out the suit.

Senior federal counsel Zureen Elina Mohd Dom, for the government, told reporters that the court has given them extension of time to file the application to strike out.

Chua and Zureen told reporters that the court fixed March 7 for case management of the striking out application.

Pua filed the suit on Jan 17, naming Najib and the government as defendants. The DAP national publicity secretary is seeking a declaration that Najib had committed misfeasance in public office.

'Najib abused his public office'

He is also seeking another declaration that Najib abused his public office to personally benefit from 1MDB funds.

As a taxpayer, Pua is also seeking is seeking general, aggravated and exemplary damages to be assessed by the court.

The PJ Utara MP, in his statement of claim, listed Najib as a public official as he is the MP for Pekan, the PM and chairperson of the 1MDB board of advisers.

Pua claimed that as the PM, finance minister and chairperson of the 1MDB Board of advisers, Najib had a direct role in 1MDB to approve appointments and removals in the company.

He further claimed that Najib had recklessly used his influence and position to procure guarantees for 1MDB bonds and that he had maliciously approved associated companies to enter into various investment transactions and agreements.

Pua also alleged that Najib had led the unlawful misappropriation in 1MDB and had been providing misleading replies in Parliament regarding 1MDB.

As a taxpayer, the MP for Petaling Jaya Utara said, he feared the tax monies would be used to clear various guarantees and assurances made by the government in relation to 1MDB and he claimed further that Najib's conduct resulted in the devaluation of the ringgit, resulting in the loss of his wealth.

Besides this action filed by Pua, former prime minister Dr Mahathir Mohamad and former de facto law minister Zaid Ibrahm have also filed separate suits against Najib.

Mahathir's claim is on misfeasance and breach of fiduciaries by Najib for taking steps to obstruct, interfere, impede and derail investigations and inquiries into 1MDB while Zaid's suit is on breach of trust and restitution of misappropriated property of the Malaysian government.