Najib, Rosmah and six others will apply to strike out suit by PI Bala’s family
(TMI) – As expected, almost all defendants including Prime Minister Datuk Seri Najib Razak and his wife Datin Seri Rosmah Mansor today indicated that they intend to strike out a suit filed by the late P. Balasubramaniam’s (pic) widow and children.
Lawyer Americk Singh, who is appearing for A. Santamil Selvi and her three children, said the defendants were instructed to file their applications before August 6.
“We will then reply to their applications,” he told The Malaysian Insider after a case management before senior assistant registrar Norfauzani Mohd Nordin in chambers.
A striking out application is made if a defendant is of the view that the plaintiff has no reasonable cause of action, there is abuse of court process and it is scandalous, frivolous and vexatious.
If the defendant is successful the merit of the case will not be heard.
A. Santamil Selvi and her children are suing nine people for losses suffered during their exile between July 2008 and early last year following Balasubramanima’s retraction of his first statutory declaration (SD).
Balasubramaniam died of a heart attack on March 15, 2013, weeks after returning from India.
Americk said the case is scheduled to be heard before judicial commissioner Datuk Wira Kamaludin Md Said.
He said all defendants with the exception of carpet dealer Deepak Jaikshan have been served with the court papers.
Najib, Rosmah, Najib’s brothers Datuk Ahmad Johari Abdul Razak and Datuk Mohd Nazim Abdul Razak, senior lawyer Tan Sri Cecil Abraham, his son Sunil Abraham, commissioner for oaths Zainal Abidin Muhayat, and lawyer M. Arunapalam, were represented today.