The Kuala Lumpur High Court has declined to decide on former MCA president Dr Ling Liong Sik's application to strike out Prime Minister Najib Abdul Razak's suit on the ground that Najib cannot sue in his capacity as a public official.

In chambers today, Justice Nor Bee Ariffin told parties to wait for the outcome of Penang chief minister Lim Guan Eng's appeal at the Federal Court in his suit against Perkasa's Ruslan Kassim, Perkasa, NSTP (M) Bhd and Utusan Malaysia.

Ling's lawyer Ranjit Singh told reporters later that as an application for leave to appeal has just been filed by Lim, the court here is waiting for the outcome of that decision.

This, Ranjit said follows the same ground that is used in striking out Lim's case in citing Derbyshire County Council vs The Times Newspapers Ltd.

Najib was represented by Mohd Hafarizam Harun who confirmed the outcome of today's matter.

Following this, the court has fixed March 23 for case management of this case.

Unlike Pahang Menteri Besar Adnan Yaakob's suit against Utusan Malaysia which had not proceeded for a full hearing, Lim's case had already gone for a full trial at the High Court and was struck out on appeal at the Court of Appeal.

It was previously reported that the Federal Court had in Adnan's case, earlier this month, had refused to rule over the Derbyshire case and ordered that the case proceed for full trial at the KL High Court.

Two months ago, the Court of Appeal in Lim's case, ruled that the Penang CM cannot sue the media for defamation, in his official capacity in citing the Derbyshire case but it also ruled that Ruslan, Perkasa and the two media's grounds of appeal is devoid of any merits.

Najib had filed the suit in October 2015, over the former Transport minister's remarks that Najib has to resign as PM for allegedly taking public funds.

Najib who is seeking general, aggravated and exemplary damages, complained that the words Ling uttered meant he had abused his powers, was not qualified to be the leader of a government, was involved in a scandalous or financial conspiracy, and was not fit to be the BN chairperson.

Ling in his defence and counter-claim, questioned why Najib had singled him out with the suit, when he should have also taken action against past and present Umno leaders who criticised him.