Specific Relief Act, 1963 · Chapter VIII: Perpetual Injunctions
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 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.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 16 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 42
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Ltd. v. His Highness Maharaja Sir Brijnath Singhji Deo of Maihar
Whether the High Court was right in taking the view that the suit of the plaintiff for declaration of his title based on a valid Gift Deed should fail as the plaintiff omitted to pray for the consequential relief of…
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- M/S Best Sellers Retail (India) Pvt. Ltd. v. M/S Aditya Birla Nuvo Ltd. & Ors.
- Suresh Dhanuka v. Sunlta Mohapatra
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- State of Haryana v. State of Punjab and Anr.
- M/S. Gujarat Bottling Company Ltd. and Ors. v. The Coca Cola Co. and Ors.
- Anil Kumar Singh v. Shivna Th Mishra @ Gadasu Guru
- Ramesh Hiranand Kundanmal v. Municipal Corporation of Greater Bombay and Ors.