Reference questions must arise from the Tribunal's order and cannot be enlarged with fresh pleas at the reference stage.

In a reference proceeding, only the applicant who seeks reference may specify the questions of law arising from the Tribunal's order; the non-applicant cannot compel inclusion of additional questions of its own choice. A question is referable only if it arises from the Tribunal's order and was raised, argued, and dealt with in the original proceedings. A fresh plea, including res judicata, that was neither pleaded nor canvassed before the Tribunal cannot be introduced at the reference stage. The Tribunal therefore correctly refused to enlarge the reference with new questions not part of the adjudication record.

---

---

Issues: (i) Whether the respondents in a reference proceeding could compel the Tribunal to refer additional questions of law not specified in the original reference application. (ii) Whether a new plea not raised or argued before the Tribunal, including res judicata, could be introduced at the stage of seeking reference to the High Court.

Issue (i): Whether the respondents in a reference proceeding could compel the Tribunal to refer additional questions of law not specified in the original reference application.

Analysis: The right to specify questions of law for reference lies with the applicant who moves the reference. The non-applicant has no statutory right to insist that its own questions be referred merely because the reference application is pending. At most, where the Tribunal otherwise agrees to refer the matter, the non-applicant may support the order on grounds already raised and negatived, but it cannot require inclusion of fresh questions of its choice.

Conclusion: The Tribunal correctly held that the applicants had no right to compel reference of their additional questions.

Issue (ii): Whether a new plea not raised or argued before the Tribunal, including res judicata, could be introduced at the stage of seeking reference to the High Court.

Analysis: A question can be referred only if it arises out of the Tribunal's order and has been raised, argued, and dealt with before the Tribunal. The plea of res judicata had not been pleaded or canvassed when the appeals were heard, and therefore it did not arise from the Tribunal's order. Since the proposed question was not part of the adjudication record, it could not be included in the reference at that stage.

Conclusion: The plea of res judicata, and the additional questions sought to be introduced, were not referable.

Final Conclusion: The miscellaneous application failed because the applicants could not enlarge the reference by insisting on new questions that neither arose from the Tribunal's order nor had been properly raised in the original proceedings.

Ratio Decidendi: In a reference proceeding, only the party applying for reference may specify questions of law arising from the Tribunal's order, and a question not raised, argued, and decided before the Tribunal cannot be introduced at the reference stage.

---