42. Injunction to perform negative agreement.—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.
Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.
This section applies despite clause (e) of section 41. A contract may have an affirmative agreement to do an act, coupled with a negative agreement, express or implied, not to do a certain act. The court can then grant an injunction to perform the negative agreement. It can do so even if it cannot compel specific performance of the affirmative agreement. The proviso says the plaintiff must not have failed to perform the contract so far as it binds him.
