An application to the Court on behalf of a person under disability served with an order made without notice under Rule 9.09 for the setting aside or variation of the order shall be made—
(a) if a litigation guardian is acting for that person in the proceeding in which the order is made, within 10 days after the service of the order on that person;
(b) if no litigation guardian is acting for that person in that proceeding, within 10 days after the appointment of a litigation guardian to act for the person under disability.