The plaintiff further contends that this decision is controlled by Graham v. State Street Bank &c. Co., 111 Ga. App. 416 (142 SE2d 99), because the plaintiff in this case did by amendment to the petition allege title in himself, and under Code Ann. *492§ 81A-115 (c) amendments relate back to the filing of the petition. The court did not overlook the amendment or the Code section in its opinion, but felt that these facts did not bring this case within the “exception to the exception to the exception” mentioned in Graham. The exception is that plaintiff need not allege conversion where the property is in the defendant’s possion on the date of filing the petition. The exception to that is that if the defendant came into possession lawfully the first exception does not apply. The Graham exception is that where the plaintiff pleads and the defendant denies that plaintiff has title the issue is sufficiently made. This did not occur in the present case because the original petition did not plead title and therefore the answer contained no denial that plaintiff had title, but inferentially at least shows that defendant recognized that plaintiff did have either title or right of possession because it alleges that defendant attempted to deliver the property to the plaintiff. Code Ann. § 81A-108 (d) says: “Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.” This rule cannot be applied so as to raise an implied dispute of title on or before the date on which the petition was filed under these facts.