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40. An application for leave under section 120(3) of the Act or under section 11(5) of the Administration of Estates Act 1971(1) to sue a surety on a guarantee given for the purposes of either of those sections shall, unless the registrar otherwise directs under rule 61, be made by summons to a registrar and notice of the application shall be served on the administrator, the surety and any co-surety.
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