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8. There is the decision of the Supreme Court in the case of Nagubai Ambal v. B. Samarao . In that case the plaintiff did not make any averment regarding the Rule of lis pendence relating to a sale either in his plaint or his reply statement, but he raised this point at the beginning of the trial and led evidence on it. The defendants at that time did not raise any objection to such evidence. The plaintiff was cross-examined on that point and the defendant also gave evidence on his side in that respect. When the matter came before the Supreme Court it held, "That the defendants went to trial with full knowledge that the question of lis pendence was in issue, had ample opportunity to adduce their evidence thereon and fully availed themselves of the same and that, in the circumstances, the absence of a specific pleading on the question was a mere irregularity, which resulted in no prejudice to them". Ultimately the Supreme Court, explained the principle in paragraph 12 of the judgment in the following words: