Rectification of mistake cannot reopen merits where alleged omissions from a Third Member order do not show any apparent error.

A rectification of mistake application was held not maintainable where the applicant complained that certain arguments allegedly advanced before the Third Member were not recorded in the order. The omission did not disclose any mistake apparent from the record, because the referred issue had already been decided on merits and every oral submission before the Bench was not required to be separately noted. As the application in substance sought reconsideration of the earlier order, which is impermissible in rectification proceedings, no error apparent on record was found and the application was dismissed.

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Issues: Whether the rectification of mistake application was maintainable on the ground that certain arguments said to have been advanced before the Third Member did not find mention in the order.

Analysis: The claimed omission did not show any mistake apparent from the record. The point referred to the Third Member had been decided on merits, and every oral contention raised before the Bench was not required to be separately recorded. The application in substance sought reconsideration of the order, which is impermissible in rectification proceedings.

Conclusion: No error apparent on record was made out, and the rectification of mistake application was dismissed.

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