it does work with MS SOAP toolkit 3.0, but still the question is if it could work with the older Version as well. Is it simply undefined behavior if the SOAPAction header isn't there?
Unfortunately it is required by the WS-I Basic Profile, so we have to error if it is not there. (See 4.7.25 Describing SOAPAction)
You have the sourcecode though, so if you must make it work the code is in AxisServlet.java.