NYAYA SIGNAL
Central · 1963 · Section 42
Section 42 — Injunction to perform negative agreement.
The Specific Relief Act, 1963
Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement:
Provided that the plaintiff has not failed to perform the contract so far as it is binding on him.
Provided that the plaintiff has not failed to perform the contract so far as it is binding on him.