Rectification of mistake is limited to patent errors on the record and cannot be used to reargue the merits.

Rectification under Section 35C(2) is confined to correcting obvious and patent mistakes apparent from the record; it cannot be used to reopen the matter, reappreciate evidence, or seek a fresh decision on the merits. An alleged error of judgment, a debatable issue, or a challenge based on documents not filed with the appeal falls outside the narrow rectification power. No mistake apparent from the record was shown, so the request for recall or reconsideration was rejected.

---

---

Issues: Whether the Tribunal's earlier order could be rectified under Section 35C(2) on the ground of an apparent mistake in appreciation of the record and alleged omission of documents.

Analysis: The power of rectification is confined to correcting obvious and patent mistakes apparent from the record. It cannot be used to reopen the matter, reargue the case, or secure a fresh decision on the merits under the guise of rectification. A debatable issue or an alleged error of judgment does not constitute a mistake apparent from the record. The application sought to present a new case based on documents not filed with the appeal and to challenge the earlier appreciation of evidence, which fell outside the narrow scope of rectification.

Conclusion: No mistake apparent from the record was shown, and rectification under Section 35C(2) was not warranted. The request for recall or reconsideration was rejected.

Ratio Decidendi: Rectification of mistake is limited to patent errors apparent on the face of the record and cannot be invoked to reappreciate evidence or reargue the merits of the case.

---