This is an appeal against the order of the learned trial President of the Sessions Court dismissing the application of the appellant for summary judgment under 0.26A of the Subordinate Courts Rules 1980.

In its Statement of Claim dated September 29, 1982, the appellant claimed the sum of $18,510.87 being the price of diesel and oil products ordered by and delivered to the respondent's vessels. By his Defence and Counterclaim dated November 22, 1982 the respondent denied owing the said sum or at all and further alleged that he had been wrongfully charged with what he termed as "charter fees" to the extent of $18,569.89 which he counterclaimed as money had and received to his use.

Application for summary judgment was taken out by the appellant on February 2, 1983. It was heard and dismissed on February 18, 1983. Against the dismissal the appellant appeals.

At the hearing of this appeal a point of procedure was raised by the respondent in that he received the appeal record after the expiration of the 14 days provided in the Rules of the High Court, 0.55 r.2(2) and that no application for extension of time to serve the appeal record was made. He contended that the appe