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Section 42 Specific Relief Act 1963: Injunction to perform Negative Agreement

Section 42 (Injunction to perform negative agreement) under Chapter VIII (Perpetual Injunctions) of Part III (Preventive Relief) of 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.❞




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Notes:

The Specific Relief Act, 1963 was amended by from time to time by:
- the Repealing and Amending Act, 1964 (Act No. 52 of 1964);
- the Repealing and Amending Act, 1974 (Act No. 56 of 1974);
- the Specific Relief (Amendment) Act, 2018 (Act No. 18 of 2018).

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