Transfer of suit CPC 22/23


If consumer court dismisses a suit on maintainability issue and same issue is pending in Drt as well where complainant filled both the suits against bank, can he again appeal in state commission to set aside the order and focus on the deficiency in service that bank commited as it is not derogatory to Drt, or he can apply for transfeevof the suit to drt, so that all legal issues are considered in drt without being dismissed in consumer court? Where the consumer/plaintiff/ appellant can apply for transfer of suit? In High court or in state commission?
 
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