Rule 40 Application for leave to sue on guaranteeI1

An application for leave under section 120(3) of the Act or under section 11(5) of the Administration of Estates Act 1971^f1 to sue a surety on a guarantee given for the purposes of either of those sections shall, unless the F1district judge or registrar otherwise directs under rule 61, be made by summons to a district judge or registrar and notice of the application shall be served on the administrator, the surety and any co-surety.