Section-42 Injunction to perform negative agreement

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Section-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 circumstances 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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