Res judicata does not apply where the core issue was left undecided and open for later determination.

Res judicata under Section 11 of the Code of Civil Procedure applies only where an issue has been heard and finally decided. The Trial Court had expressly declined to decide responsibility for delay, detention, demurrage and related port charges, leaving that question open. Because the issue was not adjudicated on merits, the earlier direction concerning port charges could not bar a later determination of whether the Customs authorities were responsible for the delay or what consequences should follow. The clarification therefore confirmed that the prior direction would not operate as res judicata on the undecided issue.

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Issues: Whether the bar of res judicata under Section 11 of the Code of Civil Procedure, 1908 applied when the Trial Court had expressly declined to decide the issue of delay, laches, and consequential liability for port charges.

Analysis: Res judicata applies only when an issue has been heard and finally decided. The Trial Court had specifically stated that it did not intend to decide the question of responsibility for detention and demurrage charges, leaving that matter open. Since the relevant issue was not adjudicated on merits, the earlier direction regarding payment of port charges could not prevent a future determination of whether the delay was attributable to the Customs authorities and what consequences would follow.

Conclusion: The bar under Section 11 of the Code of Civil Procedure, 1908 did not apply, and the clarification was given that the earlier direction regarding port charges would not operate as res judicata on the undecided issue.

Final Conclusion: The appeal was disposed of with the issue of responsibility for delay and attendant charges left open for adjudication in accordance with law.

Ratio Decidendi: Res judicata does not arise unless the very issue has been heard and finally decided.

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