Rectification of mistake cannot be used to reopen a final order or fill gaps in the original case.

A rectification of mistake application cannot be used to recall a final order by introducing documents not considered earlier, when no apparent mistake of fact or law is shown in the order itself. Documents such as an FIR and affidavit filed later, if intended only to supplement the original case, do not justify reopening the matter, filling gaps in the earlier record, or obtaining a rehearing on the merits. The application was therefore not maintainable on merits and was rejected.

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Issues: Whether the rectification of mistake application seeking recall of the final order could be allowed on the basis of documents not considered earlier and produced with the application.

Analysis: The application did not disclose any apparent mistake of fact or law in the final order. The documents subsequently produced, including the FIR and affidavit, were sought to be introduced only to supplement the earlier case. A recall application cannot be used to reopen the matter, fill in the lacuna in the original case, or enable a rehearing on the merits.

Conclusion: The rectification of mistake application was not maintainable on merits and was rejected.

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