Reference jurisdiction is limited to the question referred; a Full Bench cannot enlarge the reference or decide merits without a formulated issue.

Rule 35 confines a Full Bench to the exact terms of reference made by the referring Bench; it cannot enlarge the reference, frame its own questions, or decide the dispute on merits. Where the referring order does not formulate any specific question for answer, the Full Bench lacks jurisdiction to proceed and must decline to answer the reference. The commentary therefore states that reference jurisdiction is strictly limited by the question or matter expressly referred, and a non-formulated reference cannot be converted into a merits determination.

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Issues: Whether, in a reference under Rule 35 of the Chhattisgarh High Court Rules, the Full Bench can adjudicate beyond the stated question or decide the matter on merits when no specific question has been formulated by the referring Bench.

Analysis: Rule 35 permits a two-Judge Bench either to refer stated questions to a Full Bench or to refer the proceeding itself for decision. The reference jurisdiction is confined to the terms of reference and does not authorise the Full Bench to enlarge the scope of the reference or to frame questions on its own. The governing principle, reinforced by judicial precedent, is that a larger Bench must answer only the question referred to it, and where no specific question is formulated, the reference court cannot proceed to decide the dispute on merits. On the facts, the referring order did not formulate any question for answer, and therefore the Full Bench could not validly enter upon the merits.

Conclusion: The reference could not be answered and was declined for want of a properly formulated question of reference.

Final Conclusion: The decision affirms that the Full Bench's jurisdiction under the relevant rule is strictly confined to the scope of the reference and cannot be expanded by the Bench itself.

Ratio Decidendi: A Full Bench exercising reference jurisdiction cannot decide issues beyond the specific question or matter expressly referred to it, and if no question is formulated, it must decline to answer the reference.

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